Supreme Court of Alabama May 20, 1908 (Nashville C. & St. L. Ry. v. Woods)

TYSON, C. J.

It is conceded by appellant’s counsel that the first count of the complaint, as amended, was not subject to the demurrers. But it is insisted that the ■second count, as amended, was defective, in that it does not allege a readiness and willingness on the part of the *264plaintiff to deliver the cross-ties, either at the place or within the time fixed by the contract.