Marketable Title to Real Estate, Being Also a Treatise On the Rights And Remedies of Vendors And Purchasers of Defective Titles (As Between Themselves) Including the Law of Covenants for Title, the Doctrine of Specific Performance, And Other Kindred Subje

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50. Clemens v.
Loggins, 1 Ala. B22. Smith v. Henry, 2 Eng. (Ark.) 207; 44 Am. Dee. 540; Byers v. Aikin, 5 Ark. 410; Drennere v. Boyer, Ark. 497. Dennis v. Stras- burger, 89 Cal. 583; 26 Pae. Rep. 1070. Ishmael v. Parker, 13 111. 324; Headlcy v. Shaw, 39 111. 384; Warren v. Richmond, 53 111. 52; Cronk v.
Trumble, 66 111. 428. Sheets v. Andrews, 2 Bl. (Ind.) 274; Browning v.
Clymer, 1 Ind. 579; Axtel v. Chase, 77 Ind. 74. Stockton v. George, 5 How.
(Miss.) L. 172; Johnston v. Beard, 7 Sm. & M. (M
...iss.) 217; Stadifer v.
Davis, 13 Sm. & M. (Miss.) 48; Hudson v. Watson, 26 Miss. 337; Hill v.
t^amuel, 31 Miss. 307. Hudson v. Swift, 20 Johns. (N. Y. ) 23; Raudabaufjih TENDER OF PEKFOEMANCE AND DEMAND FOE DEED. 201 opportunity to perform his contract before he can be put in de- fault, and an action maintained against him for breach of the con- tract, or to recover back the purchase money, or to compel specific performance of the contract. The covenants being dependent the purchaser must, as a general rule, tender the purchase money, whether he wishes to rescind the contract, or to affirm it by action to recover damages for the breach.^ Generally these agi'eements will be construed to be dependent, unless a contrary intention appears.


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