Queens Park Gardens, Inc. v. Spar

Where a contract for the sale of land provides for partial payments of the purchase money prior to the delivery of the deed, the vendor may sue for such intermediate installments when due without tendering a conveyance. (Paine v. Brown, 37 N. Y. 228.) But when, after all the installments are due, the vendor brings an action for the purchase money, he is not entitled to recover without proving an offer before suit to convey the land to the defendant on receiving the purchase price. (Eddy v. Davis, 116 N. Y. 247.) The present action comes within the first classification, and, therefore,…