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The Plaintiff (a development corporation) contracted to buy Defendant's property for $1.8 million. A term in the contract read: The sale...shall be closed at the
- The Plaintiff (a development corporation) contracted to buy Defendant's property for $1.8 million. A term in the contract read: "The sale...shall be closed at the office of Community Title Company on May 16th at 10:00 am....Time is of the essence in this contract." Defendant appeared at the office at 10:00 a.m. on the day designated, but the Plaintiff's agent was not there. Defendant waited for twenty minutes, then left. Plaintiff's agent arrived at 10:30 a.m. and announced that he would not have funds for payment until 1:30 p.m., but Defendant refused to return; she had already made other arrangements to finance her purchase of other real estate. Plaintiff sued Defendant for specific performance. Who wins, and why?'
Using the IRAC method.
The issue of the case is whether....
The rule of law is ....
The fact of the cases are..
Therefore, in conclusion...
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