Reichhold Chemicals, Inc. v. Wells

Motion to dismiss complaint for legal insufficiency on the ground that it fails properly to plead the performance of certain conditions precedent.

Rule 92 of the Rules of Civil Practice provides that, in pleading the performance of a condition precedent in a contract, it is no longer necessary to state the facts constituting performance, but that the plaintiff may state, in general terms, “ * * * that he, or the person whom he represents, duly performed all the conditions of such contract on his part.” (See Carmody’s Manual of New York Civil Practice [1946 ed.], p. 201.) This rule, being in…