.... Vendor and Purchaser — sales contract — time is of the essence provision — specific performance..."time is of the essence" provision. That provision was ambiguous and cannot be found to apply to the loan commitment date as a matter of law. Moreover, there was a genuine issue of material fact as to...added the following: "All closing costs to be paid by buyer except for deed preparation to be paid by seller. Time is of the essence!!" On 2 or 3 September 1999, plaintiff informed...

..., 1029 (2005), and must determine whether the district court erred in interpreting and applying a contract's negotiation and time-is-of-the-essence provisions. We reverse. On August 5...notice in which event the EMD shall be returned to buyer. Section 25 stated that "time is of the essence" and that "[n]o change, modification, or amendment of this Agreement...within the 2-hour timeframe. Further, the district court concluded that, because time was of the essence, the deadline for the Vanbuskirks to respond did not need to be reasonable. Thus, the district court held that the Nakamuras were entitled to a return of their earnest money deposit. "[A] fundamental principle of contract law is that the time for...

...contract. In this case the contract becomes null and void by its own terms as set forth in Section XVIII of the agreement. That section, entitled "Default", reads as follows: "Time is of the essence to.../76 was inadequate. In substance Old Aztec's argument was ". . . that a notice of default is a termination of the agreement and could not be accomplished orally...in his performance within the allowed time after notification by the plaintiff. As the trial court also correctly noted, no other "pertinent sections of the...

.... A buyer of real estate who had submitted a "back-up" offer to purchase, contingent upon an earlier sale of the same property failing, was entitled to specific performance, where the prior offer to purchase stating that "[t]ime is of the essence" and containing an agreed-upon time for...there were no words or conduct that established a waiver of the "time is of the essence" clause [470-471], and where the seller's rejection of the first buyer's late delivery of a purchase and sale agreement did not cause a breach of the implied covenant of good faith and fair dealing, but enforced the bargained-for "time is of the essence" clause...real estate deal gone bad is a simple one: a "time is of the essence" clause means that contractual deadlines will be strictly enforced. A...

..., willing and able to perform on a properly set "time is of the essence" closing date (see ADC Orange, Inc. v Coyote Acres, Inc., 7 NY3d 484, 490 [2006...]; see generally Allegro v Youells, 67 AD3d 1081, 1082 [2009]). A party may convert a non-time is of the essence contract into one where time is of the essence, but that party must...Brown, 131 AD2d 816, 817-818 [1987]). Defendant's proof also failed to establish that he properly set a time is of the essence closing date. In his answer, defendant conceded that...

...demand of plaintiff, defendant as escrow agent gave each of these purchasers notice of election to forfeit and upon the expiration of the time for compliance with the forfeiture notice plaintiff demanded that defendant deliver to it the deeds held in escrow to enable a clearance of titles. Defendant refused to release the papers unless and until plaintiff (1) should give the purchasers notice reinstating "time is of essence" clauses...the contracts requiring future strict compliance therewith and give a reasonable time to make delinquent payments; (2) the time allowed by section 33-741, supra, should be calculated from a time after expiration of the reasonable time for remedying delinquencies set forth in the notices reinstating the "time is of essence" clauses...each delinquent payment is made and accepted prior to the time allowed by section 33-741, supra, must the vendor reinstate the "time is of the essence" clause...

...construction by the contract completion date. The trial court rendered judgment in favor of the plaintiff in accordance with a report of an attorney fact finder, from which the defendant appealed to this court. Held that the trial court's finding that the defendant had waived a provision in the parties' written contract stating that "time is of the essence" was...and was not clearly erroneous; the trial court reasonably could have found that the defendant's conduct was consistent with a waiver of the time is of the essence provision, which showed that the...$93,360. The contract imposed a deadline of September 13, 2002, for completion of construction and included a time is of the essence clause regarding this date. The defendant made one progress...

...( which shall not be later than November 30, 1991). (Emphasis supplied.) On the next page of the letter of intent it clearly states, "Seabreeze considers that time is of the essence in...2, 1991, Seabreeze demanded $10,000 of the escrow deposit because LaSalle failed to close by November 30, 1991. Seabreeze ultimately sold the property to a third party on January 31, 1992. After a nonjury trial, the trial court entered an amended final judgment and found that under the agreement "time is not of the essence." The...includes the "time is of the essence" clause in the parties' letter of intent. Paragraph 11 of the agreement incorporates by reference the letter of intent. The agreement expressly refers to and...

...appeal. They contend that the Superior Court erred in (1) finding that they had breached the agreement, and (2) granting this remedy. Because the parties included a "time is of the essence" clause in...the Town of Jamestown sitting as the Licensing Board of the transfer of the Class BV liquor license to Buyer free and clear of all liens." The agreement also stated that "with respect to the performance of all obligations hereunder time is of the essence." On...of May 27, 1998. They contend that the transfer of the liquor license on or before May 27 was a condition precedent to close the transaction and that the contract's "time is of the essence" provision...

...section cannot be made available in arrest of judgment after a verdict, is that of not stating "the time at which the offense was committed, in any case where time is not of the essence of...the offense." It cannot be insisted that time is of the essence of the offense of Forcible Trespass. There is no error, and it must be certified as the law directs. PER CURIAM. No error. .... On the trial below, after a verdict for the State, the defendant moved in arrest of judgment because the indictment contained no specification of time in connection with the commission of the...

...never apply where time is of the essence, the district judge reached the correct result. In Drazin, the District of Columbia Court of Appeals considered whether a...unilateral act by one party could add a "time is of the essence" provision to a real estate contract that initially had not had one. The court concluded it could and denied appellant Drazin's claim for...address the question of whether Drazin's performance had been substantial or whether the substantial performance doctrine in general could apply where time is of the essence. We too need not decide...

...that time is of the essence to a contract, timely performance is essential to a party's right to require performance by the other party. D.E.W...recover damages because Mustang failed to get a jury finding that Driver's breach was material. We hold that an express jury finding on the issue of materiality is not required when "time is of the essence." Because...time was of the essence under the contract and Driver failed to timely perform, Mustang was thereafter excused from performance. We reverse in part and render judgment that Driver take...

...breached the contract and in determining that the "time is of the essence" clause had not been waived; (2) whether the trial court erred in not allowing cross-examination and testimony regarding the...breach of contract and forfeiture of the earnest money. Defendants counterclaimed for restoration of the earnest money and accumulated interest. Following a bench trial, the court found in defendants' favor on the original complaint and on their counterclaim. The trial court found that the extensions of the closing date did not act as a waiver of the "time is of the essence" provision...to the buyers' ability to obtain financing and proposed testimony of title commitment custom and practice in the area. Plaintiffs first contend on appeal that the judgment of the trial court was against the manifest weight of the evidence when it found that the "time is of the essence" provision...

...required to give notice of his intention to exercise it three months before the expiration of the term of the lease and that such notice was not given, nor was its requirement waived by the landlord. Time is of the essence of...finding which was a question of fact does not appear to have been plainly wrong. It accordingly must stand. The remaining contention is that time not being of the essence of the contract the written notice was sufficient. The short answer is, that whether the question arises either at law or in equity it is settled that "time is.... Landlord and Tenant, Option of renewal. Time. A suit in equity to enforce the provision of an...

...days from the date of the agreement, obtained a firm commitment for mortgage financing as required by the contract is not supported by, in fact is contrary to, the evidence. Considering all the circumstances, particularly that a foreclosure of a second mortgage was imminent, it is clear that the "time is of the essence" clause...); Restatement (Second) of Contracts § 242 comment d (1981) (such stock phrases as "time is of the essence" do not necessarily have the effect of discharging the injured party's duties immediately...v. Lester, 404 So.2d 141 (Fla. 3d DCA 1981) (party not entitled to specific performance where deposit untimely and time was of the essence), rev. denied, 412 So.2d 467...

..., implicit term. We cannot countenance such an absurd interpretation of the contract. We hold that the unambiguous contract states a definite price term. (b) Ready, Willing, and Able to Perform We will order specific performance only if a party is ready, willing, and able to perform under the terms of the agreement. Unless the contract provides that time is of the essence, we...). Bryan v. Moore, 863 A.2d 258, 260 (Del.Ch. 2004) ("`Generally time is not of the essence in.... Kemp may put the property up as collateral and obtain financing. We hold that 90 days is a reasonable time period when a contract does not include a "time is of the essence" clause to exercise an...

.... (Id.) Indiana Code § 35-34-1-2(a)(5) requires that an information "[state] the date of the offense with sufficient particularity to show that the offense was committed within the period of limitations applicable to that offense." The State must also "[state] the time of the offense as definitely as can be done if time is of the essence of...the offense." Id. § 35-34-1-2(a)(6) Where time is not of the essence of..., 210 N.E.2d 249, 255 (1965) ("[W]here time is not of the essence of the offense, under an allegation of a specific date, the offense may ordinarily be proved...

...time is not of the essence of a contract, payment made within a reasonable time after the due date stated in the contract constitutes compliance therewith." (Walsh v. Walsh (1940.... Effect of the Time Is of the Essence Provision in the Agreement The Agreement has a time is of the essence provision. Paragraph 6.14 of the Agreement states: "Unless specifically stated to the contrary herein, time shall be of the essence for all events contemplated hereunder." The parties' appellate briefs did not address, or even mention, the time is of...the essence provision. In our supplemental briefing order we requested briefing on three issues related to paragraph 6.14 of the Agreement: "1. What is the scope and meaning of paragraph 6.14 ('Time of...

...the contract, and the second down payment, in the amount of $100,000, was payable "on or before One Hundred Eighty (180) days after the execution and delivery of this Contract, TIME BEING OF THE ESSENCE" (emphasis in original). It is undisputed...that the purchaser did not make the second down payment on or before 180 days after the execution and delivery of the contract, and that the seller rejected the purchaser's attempted late tender of the second down payment. When a contract states that time is of the essence, the...( see Milad v. Marcisak, 307 AD2d 281). Moreover, where time is of the essence, performance on the specified date is a...

...the purchaser), which had a closing date "on or about" November 15, 2004. When that closing date passed, Ontman scheduled a closing for December 17, 2004 and notified the purchaser that "time is of the essence." However...February 1, 2005 also stating that "time is . . . of the essence." On February 1, 2005, instead of conveying his interest in the property to the purchaser, Ontman conveyed his 50% interest in the property...Vitulli, 8 AD3d 438). Here, while the purchaser submitted evidence establishing that he was financially able to perform on a subsequent "time of the essence" closing date set by his real estate...