Finklea v. Garrick

■KNIGHT, J.

This case appears in this court on petition for certiorari to the'Court of Appeals.

The petitioner insists that the Court of Appeals was in error in holding that the defendant was entitled to the general affirmative- charge, and in affirming the judgment of the circuit court.

The opinion of the Court of Appeals presents but one question for our review, and that is: Was there any evidence before the trial court and jury affording an inference that, at the time the plaintiff made his demand on Garrick for the performance of the contract, he (the plaintiff) was ready, willing, and able…