Supreme Court of Alabama March 12, 1931, 7 Div. 27. (Hanby v. Campbell)

ANDERSON, C. J.

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, 184 Ala.