McDonough Construction Co. v. McLendon Electric Co.

I cannot agree with the majority opinion in this case. I feel that the result will add to the onerous burden of pleadings which was intended to be minimized by the adoption of the Civil Practice Act.

*516Section 9 (c) of the Civil Practice Act (Code Ann. § 81A-109 (c)) is identical to the federal rule pertaining to this same subject matter. See Federal Rules of Civil Procedure 9 (c). The rule simply permits the plaintiff to allege in general terms that all conditions precedent have been performed. It requires a defendant in denial of performance or occurrence to plead specifically and with…