Harmony v. . Bingham

The defendants' second plea is bad on demurrer. In the action of covenant, an excuse for the non-performance must be specially pleaded, and the nature of the excuse must be specially shown, as in an action for rent that the defendant was evicted, or that the plaintiff omitted to perform a condition precedent. (1 Chitty, 429, ed. of 1828; 487 of ed. of 1851, and see the precedentsin Covenant in vol. 3.) The defendants' second plea in this case does not apprise the plaintiff of the nature of the defence, by stating what wrong or default had been done or committed by the plaintiff to defeat his…