Martin v. Gettle

Stock, J.,

The facts in this case are not in dispute. These facts are as follows: On Aug. 29, 1924, plaintiff and defendant entered into a written agreement for the sale by defendant to plaintiff of a certain farm for the price of $2000, payable $300 in cash, the balance to remain on the property on first mortgage, the deed to be delivered on or before Sept. 16, 1924. Defendant’s tenant was to remain on the premises until April 1, 1926. The day fixed for delivery of deed was permitted to pass without a tender of performance, or an offer to perform, or a demand for performance by either party.…