McCann v. Paul

*103OPINION

Marion McCann, purchaser, appeals from a judgment denying him specific performance of a contract made with Rose Paul, seller, for the purchase of unimproved real property. He had paid $250 for an option to purchase the property, exercised that option, and paid an additional $500 when escrow was opened. However, he failed to tender the balance of the purchase price, $6,250 when it was due. He did tender the balance twenty-nine days later. It is his contention that the district court should have granted him equitable relief since his late tender of payment did not prejudice the seller.

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