McIntire v. Clark

Where a party is bound by contract to give such security for the performance of covenants as shall be approved by a third person, the giving security is a condition precedent to the bringing of an action; an averment that the party was ready and willing to give the security, but that it was not required of him, is not enough.

In an action of debt, where the declaration contains two counts, one on a special contract, in which a certain sum is demanded as damages, and another on a quantum meruit, demanding a like sum, and a verdict is rendered for a sum greater than is demanded in either count,…