 | Georgia. Supreme Court - Equity - 1882 - 874 pages
...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 - Law reports, digests, etc - 1853 - 672 pages
...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 - Law reports, digests, etc - 1896 - 690 pages
...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 - Law - 1859 - 946 pages
...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... | |
 | Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1861 - 604 pages
...voL 2, 102, and note ; Sug. on Ven., 495. Gary Sf Pratt, for the respondents. The complainants claim that time was not of the essence of the contract, and that the defendant was not authorized to treat the contract as forfeited in consequence of the nonpayment of... | |
 | United States. Court of Claims - Law reports, digests, etc - 1862 - 964 pages
...there. — (Printed Record, p. 34.) This application of the petitioners came too late. They insist that time was not of the essence of the contract, and that they were not 'limited to the 15th of March. This contract being for a public loan for the use of government,... | |
 | United States. Congress. Senate - United States - 1866 - 560 pages
...payment there. (Printed record, p. 34.) "This application of the petitioners came too late. They insist that time was not of the essence of the contract, and that they were not limited to the 15th of March. '•This contract being for a public loan for the use of... | |
 | Law - 1901 - 542 pages
...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 - Law reports, digests, etc - 1874 - 616 pages
...74 114. How the question of laches is to be determined. Where a petition for specific per. formance alleges that the plaintiff's assignor made valuable...be determined upon its own peculiar circumstances. Laterty v. IlalVs a-dmx., 19 Iowa, 520. 116. Refusal of wife to join in conveyance. When the wife of... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1877 - 1278 pages
...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 until... | |
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... that time was not of the essence of the contract, and that the defendant was not damaged by the delay. 
