Charles Ilfeld Company v. Taylor

Opinion by

Mr. Justice Frantz.

Did the trial court err in determining that the provision of the contract, requiring Charles Ilfeld Company to maintain books of account and to make two-monthly inventories for Shelly and Blanche Allen and to furnish Raymond C. and Viola M. Taylor with statements of them, created material and essential conditions, the fulfillment of which was necessary in order to bring into being enforceable rights against the Taylors? Did the trial court err when it, in effect, held that the language of the provision was conditional rather than promissory in nature?

Affirmative…