Trembath v. Berner

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1924

Appellate Division of the Supreme Court of the State of New York · decided 1924-03-15

<p>Contracts — action for breach — pleadings — plaintiff must allege readiness and ability to perform — recovery cannot be had where plaintiff alleges his inability to perform.</p>

Decided 1924-03-15

Per Curiam:

¶1The plaintiff having failed to allege readiness and ability on his own part to perform the contract in question, and on the contrary having alleged his own inability to perform it, may not maintain this action to recover from the defendant because of his failure to perform. All concur. Judgment reversed on the law, and complaint dismissed, with costs.