Ziehen v. Smith

Plaintiff / vendee, under an executory contract for the sale of real estate, recovered damages from the defendant / vendor for a breach of contract to convey.

"The general rule, however, to be deduced from an examination of the leading authorities seems to be that in cases where by the terms of the contract the acts of the parties are to be concurrent, it is the duty of him who seeks to maintain an action for a breach of the contract, either by way of damages for the non-performance, or for the recovery of money paid thereon, not only to be ready and willing to perform on his part, but he must demand performance from the other party."

Contract Duties | The Order of Performance