
    Richard C. De Normandie, Respondent, v. Bay View Heights Land Company, Appellant.
    Judgment affirmed, with costs. Both parties waived defaults and demanded performance, but on due tender by plaintiff defendant could not perform. The court could have given a reasonable time to perform, but defendant showed neither the disposition nor the ability to perform, and thereupon the proper judgment was had.
   Jenks, P. J., Thomas, Stapleton, Putnam and Blaekmar, JJ., concurred.  