Chapman v. Olbrich

One who seeks specific performance of a real estate contract must prove that he has diligently and timely performed or tendered performance of all obligations set forth in the contract. Graves v. Alders, 132 S.W.3d 12, 18 (TexApp.-Beaumont 2004, pet. denied). Because the Olbrichs did not tender their own performance un*497der the real estate contract at issue, I respectfully dissent.

It is well established that specific performance is an equitable remedy. Bell v. Rudd, 144 Tex. 491, 191 S.W.2d 841, 843 (1946). Specific performance is not a matter of right, but, instead, a matter of grace within…