· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.