Trembath v. Berner

Full title: AULDA J. TREMBATH, Respondent, v . CHARLES M. BERNER, Appellant, Impleaded…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 1, 1924

208 App. Div. 822 (N.Y. App. Div. 1924)

Opinion

March, 1924.

PER CURIAM:

The 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.