Section 19 Conditions Precedent to Rescission

• Library: Remedies 2006

“[T]he general rule is that in the case of a contract containing concurrent conditions or mutual and dependent covenants, either an offer of performance or of readiness to perform by one party must be shown before he can charge the other with a breach, and without a breach there can be no ground for rescission.”

Hellrung v. Hoechst, 384 S.W.2d 561, 564 (Mo. 1964) (citation omitted). Readiness to perform is a...