No. 7209 | Nev. | Mar 26, 1974
Marion McCann, purchaser, appeals from a judgment denying him specific performance of a contract made with Rose Paul, seller, for the purchase of unimproved real property. He had paid $250 for an option to purchase the property, exercised that option, and paid an additional $500 when escrow was opened. However, he failed to tender the balance of the purchase price, $6,250 when it was due. He did tender the balance twenty-nine days later. It is his contention that the district court should have granted him equitable relief since his late tender of payment did not prejudice the seller.
Specific performance may be granted a defaulting purchaser who later tenders performance without unreasonable delay, if circumstances have not intervened to make it inequitable to give such relief. Slobe v. Kirby Stone, Inc., 84 Nev. 700" court="Nev." date_filed="1968-12-10" href="https://app.midpage.ai/document/slobe-v-kirby-stone-inc-1312852?utm_source=webapp" opinion_id="1312852">84 Nev. 700, 447 P.2d 491 (1968); Moore v. Prindle, 80 Nev. 369" court="Nev." date_filed="1964-07-29" href="https://app.midpage.ai/document/moore-v-prindle-2619255?utm_source=webapp" opinion_id="2619255">80 Nev. 369, 394 P.2d 352 (1964). Of course, the decision to either grant or refuse specific performance is addressed to the sound discretion of
Affirmed.