ADC Orange, Inc. v. Coyote Acres, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that an interim payment made two weeks late did not constitute a breach of contract because the contract did not state that time was of the essence
• declining to dismiss a claim for specific performance where stalled negotiations may have impeded the other side’s performance
• “[A] party to a contract cannot rely on the failure of another to perform a condition precedent where he has frustrated or prevented the occurrence of the condition[.]”
• “the mere designation of a particular date upon which a thing is to be done does not result in making that date the essence of the contract,” and holding that the phrase “in no event later than,” is insufficient to make time of the essence

Source: CourtListener parenthetical corpus (CC0).