Clark v. Weis

Citations

• 87 Ill. 438

Syllabus

<p>1. Contract—mutual and dependent—when a readiness to perform is sufficient. Where, under a contract, the acts of both parties required to be done are concurrent acts, neither is obliged to do the first act, or perform his part of the agreement before the other; and the plaintiff, in order to sustain his action, need only show that he was ready and willing to perform his part, if the defendant was ready to perform his.</p> <p>2. Same—when the acts are concurrent. Where a party gave a bond for a warranty deed to real estate, to be made on a certain day if the purchase money should then be paid, it was held, that the making of the deed and the payment of the money were concurrent acts; and where the vendor of land is not able to make the title he agreed to give, at the time agreed upon, and the purchaser is ready and willing, and able, to make his payment, the latter may sue for and recover back what he has paid on the contract.</p> <p>3. Tender—in case of mutual and dependent undertakings. In the case of mutual and concurrent promises, the word “ tender ” does not mean the same kind of an offer as when used in reference to the payment of a debt due in money, but it only means a readiness and willingness, accompanied with an ability, on the part of the party; and such a tender does not require the bringing of the money into court to keep it good.</p>