Coyle v. Kierski

Citations

• 10 Del. Ch. 229
• 89 A. 598
• 1913 Del. Ch. LEXIS 24

Syllabus

<p>A vendee must either perform at the time appointed, or show excuse for delay, to be entitled to specific performance; and hence where a vendee, who had an option to purchase, failed to tender performance at the time fixed, by reason of her negligence and that of her attorney, she is not entitled to specific performance.</p> <p>While in equity time is not of the essence of a contract, and the mere failure of a purchaser to' pay the purchase price at the time fixed does not ordinarily forfeit his rights, yet where the vendor expressly made time of the essence of the contract, and demanded performance on a stipulated day, the vendee’s failure to perform will bar her rights, and she cannot thereafter claim specific performance.</p> <p>Where a vendor of land, on the failure of the purchaser to consummate the contract at the time fixed, notified the purchaser that, unless the purchase was consummated on a given day, the contract would be rescinded, the vendor, upon the purchaser’s failure to do so, is entitled to terminate the contract.</p> <p>Where an owner of land entered into a unilateral contract for its conveyance, the purchaser must tender performance on the date fixed for payment, or within an extension granted by the owner, for the contract is not mutually enforceable.</p>