Woodruff Co. v. Exchange Realty Co.

Contract—Failure to Comply With Condition Precedent.—The failure to comply with a condition precedent to the performance of a contract will sustain an action for breach of the contract.

Id.—Breach op Contract eor Removal op Debris—Failure to Make Payments.—Where a contract for the removal of debris from a lot provides that the owner shall advance on Saturday of each week to the contractor moneys to carry on the work, pay for the material and labor, accrued commissions and other costs covered by the contractor’s statement, the contractor may maintain an action for breach of contract if the owner fails to make the weekly payments.

Id.—Accounting por Materials Removed—When not Required.— Under a contract to remove debris from a lot, the contractor is not in default in failing to account to the owner for broken granite removed, under the provision of the contract requiring him to furnish a weekly statement of the labor employed and “any other reasonable statement in connection with such work,” when the cost of crushing and removing the granite was greater than its value before or after its crushing.