G/GM Real Estate Corp. v. Susse Chalet Motor Lodge of Ohio, Inc.

G/GM's (plaintiff) title search for a hotel it agreed to buy from Susse (defendant) revealed an improperly recorded lease memorandum to a third party; G/GM sought an affidavit confirming the lease was cancelled while repeatedly pushing back the closing date, and evidence suggested it couldn't actually pay the purchase price. When the sale failed to close, G/GM sued claiming Susse failed to deliver marketable title, and Susse counterclaimed that G/GM breached by failing to tender payment; the trial court ruled for Susse, the court of appeals reversed, and Susse appealed.