Shen v. Bruce

Jordan, Judge.

1. It is contended by the defendant that the trial court properly sustained the general demurrer to the petition since the facts alleged therein did not show that the plaintiffs had made an unconditional tender of the purchase price in cash and by three post-dated checks as provided in the option contract. This contention is without merit.

“Where a vendee sues to recover damages for an alleged breach of contract by the vendor by refusing to make conveyance, the general rule is that a prerequisite to a recovery therefor is a tender of the purchase money. Such tender is waived,…