Rosenthal v. Schaefer

The complaint is attacked on the ground of insufficiency of allegation of performance of conditions precedent. The clause attacked reads: “ That the plaintiff herein, the landlord and lessor described in said lease, has duly complied with all the terms, covenants and conditions upon her part to be performed in accordance with the terms of the said lease.”

Rule 92 of the Rules of Civil Practice requires that the pleader allege that he “ duly performed all the conditions of such contract on his part.” It has been very strictly construed. I might say, paraphrasing the language of Presiding…