Gebbie v. Efros

Citations

• 95 Ohio St. (N.S.) 215

Syllabus

<p>Contract for sale of realty — Action for damages for breach — Petition not bad on demurrer — For failure to allege payment or tender, when.</p> <p>In an action for damages based upon a breach by the vendor of a contract under the terms of which he is to convey to the purchaser certain described real estate free from all incumbrances at a time fixed in the contract, the petition will not be held bad on demurrer because of the failure of the purchaser to allege a payment or tender of payment of the balance of the purchase price, where there is an allegation in the petition that there is an incumbrance upon the real estate, which the vendor is unable to remove.</p>