
    No. 1443½.
    Albert A. Pray v. Frank Herber & H. Blaese.
    Where a written obligation for money expresses a condition precedent to its payment, and the party on whom, the condition is imposed, seeks to avoid payment on the ground of its failui*e, he must state that the failure was not through his fault or negligence.
    A PPEAL from the Sixth District Court of New Orleans, Howell, J.
    
      F. W. Huntington, for plaintiff and appellee.
    
      G. L. Bright, for defendants and appellants.
   .Hyman, C. J.

This is a suit against defendants on a promissory note, drawn by Herber to the order of and endorsed by Biaese, payable on condition that Herber should be able to renew a lease of the “Wood House,” in New Orleans, for two years. The defence is, the failure to obtain a renewal of the lease. The evidence shows that Herber could have obtained from the owner of the house a renewal of the lease for two years, for the price at which it had been rented. He chose not to do so, but required a reduction of the price.

Defendants have appealed from a judgment, condemning them to pay the amount of the note, interest thereon, and the cost of suit.

Let the judgment be affirmed, at the costs of defendants.

Howelxj, J., recused.  