Davis v. Bush & Lane Piano Co.

The complaint alleges that the plaintiff has duly performed, on his part, all the conditions of both of said contracts. This was denied by the answer. Upon this issue plaintiff was bound to establish upon the trial the facts showing- such performance upon his part. There was, however, sufficient evidence tending to show a complete performance by plaintiff of all of the conditions of both of said contracts and, therefore, upon this issue defendant is concluded by the verdict. This also disposes of the contention that the court erred in refusing to sustain defendant’s motions for a.nonsuit and…