Sanford v. Harbage

Citations

• 24 Ohio C.C. Dec. 617

Syllabus

<p>SPECIFIC PERFORMANCE.</p> <p>1. Specific Performance not Barred by Existence of Mortgages against Land Involved.</p> <p>The existence of mortgages on land involved in an action for specific performance does not bar relief, where willingness is shown on the part of the mortgagees to accept the amount of the indebtedness and cancel the mortgages.</p> <p>2. Petition in Specific Performance Averring Plaintiff’s Readiness to Perform Sufficient without Tender.</p> <p>A petition in an action for specific performance, which alleges that the plaintiff is ready and willing to perform and has offered so to do but has been met by refusal and repudiation of the contract by the defendant, is not open to demurrer on the ground that no sufficient tender is averred.</p> <p>3. Payment of Purchase Money Due on Complex Contracts for Purchase and' Sale Sufficient for Specific Performance.</p> <p>Under the contracts for the purchase and sale of land involved in the present pase, the plaintiff is entitled to a decree of specific performance upon paying into court the amount of purchase money due.</p>