O'Toole & Nedeau Co. v. Boelkins

Plaintiff company, a corporation, brought this suit to recover damages incident to defendants ’ alleged failure or refusal to perform a real estate option. Plaintiff had a verdict for $1,100; but judgment non obstante veredicto was entered for defendants. Plaintiff has appealed. The judgment non'obstante was entered on the ground that plaintiff’s tender was insufficient. This presents the sole question for review.

Plaintiff’s 30-day option to purchase defendants’ land for $12,000, $6,000 cash and balance in deferred payments, expired June 7,1929. According to plaintiff’s version of the facts,…