Sechrest v. Forest Furniture Company

The plaintiff alleged a contract, its performance, defendant’s breach, and the amount of plaintiff’s damage resulting from the breach. The complaint stated a cause of action. The defendant admitted the contract but by way of defense alleged the factory, in which it intended to use the drawer bottoms, burned without its fault; and that the purposes of the contract were frustrated by the fire; and the defendant should be released from performance for that reason.

“In the obligations assumed by a party to a contract is found his duty, and his failure to comply with the duty constitutes the…