132 So. 893 | Ala. | 1931
In an action for the breach of a contract, where the promises or covenants in an agreement are mutual and dependent or concurrent, plaintiff must aver performance or at least an offer to perform on his part, or a legal excuse for nonperformance, but, where the defendant has repudiated the contract, an allegation of performance by plaintiff is unnecessary. Long v. Addix,
The trial court erred in not sustaining the defendant's demurrer to count 2 of the complaint, and the judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
SAYRE, THOMAS, and BROWN, JJ., concur.