Contract Breach Affirmation Based on Condition Precedent

A plaintiff sued a defendant for damages resulting from a contract breach, arguing the defendant failed to deliver goods as agreed, causing financial loss; the trial court dismissed the claim, finding that the defendant had not committed a breach, but rather the plaintiff had failed to fulfill a condition precedent necessary for the defendant's obligation to perform. The appellate court upheld this finding, determining that the evidence supported the conclusion that the plaintiff's prior non-performance discharged the defendant's contractual duty, thereby justifying the defendant's non-delivery, leading the high court to reject the appeal and affirm the lower court's ruling.