Brief Fact Summary
Plaintiff contracted to purchase defendant's one-family house in Nassau County. The plaintiff's attorney later sent the defendant's attorney a letter demanding return of the deposit, as an investigation disclosed that the structure of the premises was not legal and therefore the title was not marketable.

Rule of Law and Holding
"While a vendee can recover his money paid on the contract from a vendor who defaults on law day without a showing of tender or even of willingness and ability to perform where the vendor's title is incurably defective, a tender and demand are required to put the vendor in default where his title could be cleared without difficulty in a reasonable time."

Topics
Contract Duties

Subtopics
The Order of Performance