Patchoque Field Club, Inc. v. Davis (237 A.D. 890, 1933)

Judgment unanimously affirmed, with costs. In the light of the circumstances, the tender on behalf of plaintiff of currency on December 31, 1928, was a good tender and established plaintiff’s readiness, willingness and ability to perform. This tender was a sufficient ratification of the exercise of the option by the plaintiff. (2 Morawetz Priv. Corp. [2d ed.] § 629.) If the appellant did not deem the currency tender to be wholly “ legal tender,” he should have given the plaintiff a reasonable opportunity to supply the same. (Cheney v. Libby,. 134 U. S. 68; Simmons v. Swan, 275 id. 113, 116.) We are also of the opinion that the tender of a deed by the appellant on December 31, 1928, was not made in good faith, and this court makes a new finding accordingly. Present — Kapper, Hagarty, Scudder and Davis, JJ.; Lazansky, P. J., not voting.