The plaintiff vendor and defendant purchaser cross-moved for summary judgment regarding a failed real estate transaction.
The vendor claimed the purchaser anticipatorily breached the agreement based on third-hand information about the purchaser's lack of funds and a request for a closing extension, and thus the vendor did not tender on closing day.
The court held that third-party information and requests for extensions do not constitute anticipatory breach.
Because there was no anticipatory breach, the vendor was required to tender to preserve her rights.
The vendor's action was dismissed.
