Property Law Keyed to Cribbet
Kasten Construction Co. v. Maple Ridge Construction Co
In this case Plaintiff was to buy thirty-four “finished” lots from Defendant within sixty days of the contract for sale, but the contract did not state that time was of the essence. The lots were to be “finished” insofar as the utilities, streets, curbs, gutters, and water were to be complete prior to the settlement of the sale. The Plaintiff allowed Defendant an extension, but by the end of the extension, the lots were still not finished. The Plaintiff had, in reliance on the contract, expended $12,000.00, however, the Defendant stated that it considered the contract null and void due to the expiration of the time limitation. The Defendant did not perform within the time allowed and the Plaintiff sued to enforce specific performance.
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