Steele By-Products Co. v. McGee Cowart

'The demurrers to count 3 of the complaint should have been sustained.

While the allegation that the .plaintiffs “were ready, willing and able to perform said contract according to the terms thereof,” was sufficient to show ability to comply with the contract within the time specified by. the terms thereof, on the part of the plaintiff, yet the breach thereof, charged to the defendant,- that it “breached said agreement by refusing ’to accept” the commodity-named in the agreement, is not an allegation that the refusal to accept occurred while the contract was. binding upon., the defendant.…