 | Georgia. Supreme Court - 1882 - 874 páginas
...and the credit due entered thereon, if not assigned before. This eighth day of February, 1876:" Held, that time was not of the essence of the contract, and that the right to redeem the lot did not expire on January ist, 1877. 2. Concealment of material facts may,... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1853 - 672 páginas
...contract as abandoned. In a suit instituted by the purchaser for specific performance : — Held, first, that time was not of the essence of the contract, and that if it had been, it would have been waived by the conduct of the parties. Secondly, that the six weeks... | |
 | Connecticut. Supreme Court of Errors - 1896 - 690 páginas
...See § 6, Practice Act. If we treat this transaction as an agreement to purchase, we still maintain that time was not of the essence of the contract, and that in equity we had a right to claim the property on the tender of the purchase price, and interest, even... | |
 | Chauncey Smith - 1859 - 946 páginas
...before the six weeks had expired. The vendor then treated the contract аз abandoned. Held, first, that time was not of the essence of the contract, and that if it had been it would have been waived by the conduct of the parties. Secondly, that the six weeks... | |
 | United States. Congress. Senate - 1866 - 560 páginas
...for completing the deposits, and declines to accept the mouey if the plaintiffs insisted upon payment there. (Printed record, p. 34.) "This application...material, and in a court of law the parties must be held strictly to it. Besides, when the letter of September 26, 1859, was written, the plaintiffs had... | |
 | Iowa. Supreme Court - 1866 - 634 páginas
...alleges that the plaintiff's assignor made valuable improvements upon the property in controversy ; that time was not of the essence of the contract ; and that the same has never been rescinded or forfeited, the court cannot determine, as matter of law, that... | |
 | 1901 - 542 páginas
...impossible — was not tenable ; but found that there was no repudiation by the defendants of the contract, that time was not of the essence of the contract, and that there was an implied condition that the premises occupied by the defendants should be standing at the... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1874 - 616 páginas
...alleges that the plaintiff's assignor made valuable improvements upon the property in controversy; that time was not of the essence of the contract ; and that the same has never been rescinded or forfeited, the court cannot determine, as matter of law, that... | |
 | Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 páginas
...complainant should " on or before the first of April, pay, or cause to be paid, &c.," the court lielcl that time was not of the essence of the contract, and that the complainant was entitled to a specific performance, although he did not tender the purchase-money... | |
 | William Wait - 1878 - 1000 páginas
...to the spirit of the transaction, determined that the land was to be regarded as a pledge merely ; that time was not of the essence of the contract ; and that the mortgagor, after the time fixed, might pay the principal and interest then due, and receive back... | |
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... that time was not of the essence of the contract, and that the defendant was not damaged by the delay. 
