Indianapolis Abattoir Co. v. Penn Beef Co.

On Petition for Rehearing.

Nichols, P. J.

Appellee forcefully contends that there should be no reversal because of the absence of a finding by the court that appellee was ready and willing to perform the contract. Each of the cases cited in the opinion involved the breach of an executory contract for the sale of goods.

In the Magic Packing Company case, supra, it was held that the party asking to enforce the contract must aver that he has complied with all the conditions of the contract or state facts showing a proper excuse for not so doing. In addition thereto, as to concurrent conditions, he…