I. Perlis & Sons v. Peacock Construction Co.

Quillian, Justice.

1. The first ground of demurrer was: “To the petition as a whole and to each and every count therein on the ground that none of the counts of the petition set out a cause of action against these defendants.” The main thrust of appellant’s contention is that, construed most strongly against the plaintiff, Peacock, the allegations of the petition do not show that Peacock has complied with the terms of the contract so as to support an action against Perlis. It is argued that the contract provides as a condition precedent that the architect issue a certificate of completion…