. .Failure to tender timely performance can constitute
posted in Uncategorized by admin on July 24th, 2009
. .Failure to tender timely performance can constitute a material breach of contract. See Integrated, Inc. Id The appellate court ruled that the purchaser was in breach and not entitled to specific performance, because the “time is of the essence” clause and plain language contained in that buy agreement caused the [...] . Most courts will rely on this clause and longstanding precedents to deny any relief to a late purchaser, based upon the sound legal principle that a buy agreement expires by its own terms and will not be rewritten or extended by the court 358 (1982).
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