Piazzek v. Harman

Under the lease involved in these cases the lessor was entitled to all the improvements added to the leased property unless the lessees exercised their option to purchase. Purchase under the option meant cash on one side and a warranty deed on the other. In both cases the substantial question was, How did it come about that the lessees did not acquire the leased property when the lease expired?

In the first case the matter of tender was made prominent. Tender would have put the lessor in default. It is elementary, however, that declared inability to perform by the party having the right to…