Davenport v. Miller

On or about the 17th day of February, 1949, respondent commenced action in this case in the Court of Common Pleas for Greenville County, seeking to foreclose a real estate sale and purchase contract between the parties thereto, contending that there was due and unpaid the sum of $13,-750.00 on said contract.

Appellant contends by way of answer that the complaint was insufficient in that respondent did not allege ability, readiness and willingness to perform his part of the contract and that he was not in position to perform since the contract provided that the property be conveyed to appellant…