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· 6/6/1967

Gentile Bros. Corp. v. Rowena Homes, Inc.

Citations

  • 227 N.E.2d 338
  • 352 Mass. 584
  • 1967 Mass. LEXIS 853

How courts have described this case

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

  • holding time-is-of-the-essence clause waived where neither party indicated that failure to perform on specified date would “spell the end of the agreement”
  • time-is-of-the-essence clause is waived where (1) neither party indicated that failure to convey on closing date would \spell the end of the agreement;\ (2
  • time-is-of-the-essence clause is waived where (1) neither party indicated that failure to convey on closing date would “spell the end of the agreement;” (2
  • specific performance allowed inasmuch as purchaser had right to rely on oral agreement that parties would not carry out closing on June 5 which operated as “waiver of the provision of the purchase and sale agreement which made time of the essence”
  • time-is-of-the-essence clause is waived where (1) neither party indicated that failure to convey on closing date would \spell the end of the agreement;\ (2) prior to the closing date, parties indicated to each other that \the agreement should be carried out at a later date;\ and (3
  • time-is-of-the-essence clause is waived where (1) neither party indicated that failure to convey on closing date would “spell the end of the agreement;” (2) prior to the closing date, parties indicated to each other that “the agreement should be carried out at a later date;” and (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Whittemore, Cutter, Kirk, Spiegel

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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