Evans v. Szcech

After consolidation of actions, plaintiff, the vendor under a contract for the sale of real estate, sought specific performance, while the vendee counterclaimed for the down payment and expenses on the ground that plaintiff had failed to perform her part of the contract on the adjourned closing day, July 20, 1936. The appeal is from a judgment dismissing the complaint and awarding the vendee damages for down payment and expenses, plus interest and costs. On the trial plaintiff showed she had been able to cure the defect which was the cause of the rejection of title by defendants. (Jenkins v.…