Irvin v. Locke

This petition by a vendee for specific performance, as amended, was not subject to general or special demurrers on the grounds, that the sale agreement was unconscionable, or lacked the elements essential to a contract, or that the plaintiff, who had been put in possession of the property, forfeited her rights, or that the tender as alleged was inadequate as a matter of law. The testimony regarding a tender showed a variance between the allegata and probata, as to whether the tender was unconditional; but the uncontradicted evidence showed a waiver of tender by the vendee's refusal to accept…