185 Iowa 501 | Iowa | 1919
of the fact already noted, that the plaintiff himself did not offer performance at any time prior to February 5th, the contract was thereby continued in force. Either par-
ty could put the other in default by a tender and demand. Waters v. Pearson, 163 Iowa 391; Wright v. Swigart, 172 Iowa 743; Miller v. McConnell, 179 Iowa 377.
On February 8th, the defendant served upon the plaintiff a written offer and demand of performance, and a notice of intention to declare a forfeiture. It appears, however, that, though the defendant said, on February 5th, that he was ready and able, and though he repeated in writing the same offer on February 8th, he was not, in fact, ready or able to perform on either date. The title to the land was not in the defendant. It was in the Levitt Investment Company. The defendant had a contract for the purchase with