The Chapmans had repudiated the contract and refused to close on terms much more favorable to them. There is clear evidence that tendering performance under the contract terms would have been a useless act. Therefore, the Olbrichs were excused from tendering performance because such a tender would have been futile.
July 17, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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