Loyd v. Lancer Insurance Co.

How courts have described this case

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

• in absence of contractual language stating that time was of essence, court considered testi- mony as to parties’ intent
• in absence of contractual language stating that time stated in agreement was of essence, court consid- ered testimony as to parties’ intent
• “claim is no more than an effort to retry the facts, which is not the function of an appellate court”
• “Where the agreement does not specifically state that time is of the essence, it is presumed not to be unless the parties have expressed a contrary intent.”
• “Where the agreement does not specifically state that time is of the essence, it is presumed not to be unless the parties have expressed a contrary intent.”

Source: CourtListener parenthetical corpus (CC0).