Dowd v. Clarke

Citations

• 54 Cal. 48

Syllabus

<p>Vendor and Vendee — Tender—Specific Performance—Interest.—Under a lease from C. to D., the latter had the election to purchase the leased premises for the sum of $6,000, payable at any time during the term, with interest from the date of the lease at the rate of one per cent, a month— previous payments of rent to be credited on the interest—the interest falling due after the election to be paid semi-annually on specified days, and if not paid when due, to be compounded at the rate of two iier cent, a month, the lessee also to pay the taxes on the land imposed during the term. I)., during the term, notified C. of his election to purchase, and tendered him the sum of $6,000, and also offered to pay the taxes, but did not tender or offer to pay the interest then due; O. declined the tender, and denied the right of D. to purchase. In an action by D. for a specific performance, the complaint containing an offer “to comply with all the terms and conditions of the contract:” Held, that the denial by the defendant of the plaintiff’s right to purchase was a waiver of the necessity of a tender before the suit was brought, and that the plaintiff was entitled to a specific performance upon the terms of paying to the defendant—besides the taxes—the sum of $6,000, agreed upon, with interest from the date of the lease at the rate of one per cent, a month, after deducting the-amounts paid for rent.</p>