Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

6. The Bassos contracted with Dierberg to purchase her property for $1,3l0.000. One term ofthe contract stated, [t]he sale under this contract shall be closed

image text in transcribed
6. The Bassos contracted with Dierberg to purchase her property for $1,3l0.000. One term ofthe contract stated, "[t]he sale under this contract shall be closed . . . at the ofce of Community Title Company. . . on May 16, 1988 at 10:00 AM. . . . Time is ofthe essence of this contract." After forming the contract, the Bassos assigned their right to purchase Dierberg's property to Miceli and Slonim Development Corp. At 10:00 AM on May 16. I988, Dierberg appeared at Community Title for closing. No representative ofMiceli and Slonim was there, nor did anyone front Miceli and Slonim inform Dierberg that there would be any delay in the closing. At 10:20 AM. Dierberg declared the contract mill and void because the closing did not take place as agreed, and she left the title company ofce shortly thereafter. Diei'berg had intended to use the purchase money to close another contract to purchase rea1 estate later in the day. At about 10:30 AM, a representative of Miceli and Slonim appeared at Community Title to begin the closing, but the representative did not have the funds for payment until [:30 PM. Dierberg refused to return to the title company. stating that Miceli and Slonim had breached the contract by failing to tender payment on time. She had already made alternative arrangements to nance her purchase of other real estate to meet her obligation under that contract. Miceli and Slonim sued Dierberg. claiming that the contract did not require closing exactly at l0:00 13-1, but rather some time on the clay of May 16. Will they prevail

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elements Of Chemical Reaction Engineering

Authors: H. Fogler

6th Edition

9780135486221

Students also viewed these Law questions