In Re New Breed Realty Enterprises, Inc.

How courts have described this case

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

• holding breached “time is of the essence” clause is material aspect of agreement based upon agreement’s unequivocal statement and state law
• noting that a party’s failure to perform by the date specified is a material breach of an agreement where both parties agreed to include “time is of the essence” provision in the contract
• noting that a party’s failure to perform by the date specified is a material breach of an agreement where both parties agreed to include “time is of the essence” provision in the contract
• holding time of the essence clause in real estate purchase contract was material and economically significant where the debtor acknowledged that the seller had suffered an economic detriment as a result of the default
• debtor must cure all material non-monetary defaults and if cure is impossible, contract cannot be assumed
• a failure to close by a “time of the essence” closing date is a material breach

Source: CourtListener parenthetical corpus (CC0).