Contracts Keyed to Crandall
Carter v. Sherburne Corp.
Facts
Plaintiff and defendant entered into 4 separate contracts regarding the development of certain real property, with two of the contracts containing provisions of what would happen in a situation of late performance. The defendant was also allowed to retain ten percent of the contract amount if the plaintiff did not comply with the terms of the agreements. The plaintiff failed to perform due to the defendant constantly moving them around the 4 contracts and withheld ten percent of the contract price and plaintiff sued for the 10 percent withheld. The trial court ruled in favor of the plaintiff because they substantially performed and any nonperformance was the fault of the defendant. Defendant argues the court erred because the contract contained a time of the essence clause.
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