delivered the opinion of the court.
*2354. Vendos and purchases, § 340 * —when tender of conveyance not essential to action for damage T>y vendee. Where the vendor in a contract for the sale of land agreed to resell the same within a certain time at a certain net profit to the purchaser it is not essential that the latter tender a deed to the premises to the vendor before maintaining an action for damages for failure to carry out the contract.