Altgelt v. Emilienburg

Willie, Chief Justice.

The contract upon which this suit was founded bound the appellee to build a fence between the lands of himself and appellant before November 1, 1883, and to furnish all the material necessary for that purpose. It bound Mrs. Altgelt to pay the appellee $86.37 for the work, at such times as he might need the money for the purchase of material. Neither party could recover damages for the breach of this contract unless there was a performance or willingness to perform what the complaining party had agreed to do on his or her part. Hence Mrs. Altgelt, in suing Emilienburg for…