District Court, D. Delaware July 13, 1962, Civ. A. No. 2380 (Hughey v. Aetna Casualty & Surety Co.)

LEAHY, Senior District Judge.

1. Defendant argues that plaintiff’s, failure to perform the condition precedent12 to defendant’s liability asserted here, discharges defendant from any duty or obligation, under the policy covering the Frank W. Diver, Inc., car agency, to plaintiff who was operating one of the agency’s cars at the time of the accident—i. e.