Time Is Of The Essence

130 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Reno v. Beckett
  555 F.2d 757· 10th Cir.· 1977-03-14 ·cited 8×
  The court held that a purported oral modification of a real estate contract, extending performance time to resolve a title defect caused by litigation, was a substantial modification requiring a writing under the Statute of Frauds and was not enforceable.
• Spartans Indus., Inc. v. John Pilling Shoe Co.
  385 F.2d 495· 1st Cir.· 1967-07-18 ·cited 8×
  The court held that a purchaser exercising an option under a contract must be able to perform their obligations, and that the contract's timing provisions did not create an insurmountable impossibility of performance for the purchaser.
• Fong v. United States
  300 F.2d 400· 9th Cir.· 1962-02-10 ·cited 8×
  The court affirmed the trial court's decision to strike the defendant's answer and enter a default judgment, finding the defendant's failure to appear for deposition was willful and that the trial court did not abuse its discretion.
• City OF Albertville v. United States Fid. & Guar. Co.
  272 F.2d 594· 5th Cir.· 1959-12-07 ·cited 8×
  The court held that the contractor assumed the risk of delay due to unforeseen difficulties, and the trial court erred in not granting the defendant's motion for a directed verdict.
• Bradshaw v. Superior Oil Co.
  164 F.2d 165· 10th Cir.· 1947-10-31 ·cited 8×
  The court held that the trial court's findings regarding the reasonableness of the time for title approval and payment, and the ratification of the lease withdrawal, were supported by the evidence and the law.
• Hayes MFG. Corp. v. McCAULEY
  140 F.2d 187· 6th Cir.· 1944-01-24 ·cited 8×
  The court held that the trial court erred in striking allegations regarding an oral extension and time not being of the essence, and that the repayment of advances did not constitute rescission.
• Witham v. Shepard
  84 Fla. 75· Fla.· 1922-07-01 ·cited 8×
  A purchaser sought specific performance of a real estate contract after the seller refused to convey property. The Florida Supreme Court affirmed the lower court's dismissal, holding that on conflicting testimony regarding whether the parties modified the contract's payment terms
• Benson v. Seestrom
  409 So. 2d 172· Fla. 2d DCA· 1982-01-29 ·cited 7×
  A real estate agent has apparent authority to communicate a counteroffer beyond its stated expiration date where negotiations are conducted by agents and the third party reasonably relies on the agent's submission of the amended contract. The buyer's prompt acceptance is valid wh
• St. Elmo W. Acosta and Walter B. Clarkson v. Granderson C. Anderson
  56 Fla. 749· Fla.· 1908-06-01 ·cited 7×
  Granderson Anderson sought specific performance of a land contract originally made between St. Elmo Acosta and Nedom Lott in 1904. The Florida Supreme Court affirmed that Anderson, who acquired Lott's rights by assignment and took possession, was entitled to specific performance
• All Seasons Condo Assoc. v. Patrician Hotel
  274 So. 3d 438· Fla. 3d DCA· 2019-04-24 ·cited 6×
  The appellate court reversed a trial court's judgment for specific performance in a condominium sale. The court found that the condominium association's board of directors and its president did not have the actual or apparent authority to modify essential terms of the sale agreem
• Metro Dev. Grp., L.L.C. v. 3D-C & C, Inc.
  941 So. 2d 11· Fla. 2d DCA· 2006-08-04 ·cited 6×
  Metro Development Group appeals a summary judgment ruling that it forfeited an option to purchase real property by failing to make a required extension payment by the deadline—the 45th day after the contract's effective date, which fell on a Saturday. The appellate court affirmed
• Edward Waters Coll., Inc. v. Glorious Johnson
  707 So. 2d 801· Fla. 1st DCA· 1998-02-13 ·cited 6×
  Edward Waters College appealed a judgment enforcing a default provision in a settlement agreement with Glorious Johnson after the college paid her settlement one day late. The court reversed, holding that a one-day delay in payment was not a material breach because time was not o
• Westcap Gov't Sec., Inc. v. Homestead AIR Force Base Fed. Credit Union
  697 F.2d 911· 11th Cir.· 1983-02-10 ·cited 6×
  Under Florida law, a party cannot unilaterally terminate a contract for a minor breach that causes no demonstrable damages, especially without providing notice.
• Franklin E. Penny Co. v. The United States
  524 F.2d 668· Ct. Cl.· 1975-10-22 ·cited 6×
  The court held that a listing of Government-approved suppliers in a solicitation warrants their technical ability but not their willingness or ability to perform within the contract's timeframe, and that subcontractor delays do not excuse a prime contractor's failure to meet deli
• Fairchild Stratos Corp. v. Lear Siegler, Inc.
  337 F.2d 785· 4th Cir.· 1964-09-23 ·cited 6×
  The court held that Hufford breached the contract by failing to demonstrate the press's warranted capabilities by the agreed-upon deadline, justifying Fairchild's rescission, but reversed the award of certain consequential damages.
• Basler v. Warren
  159 F.2d 41· 10th Cir.· 1947-01-10 ·cited 6×
  The court held that the option provision required timely notice of election to extend the agreement, and failure to provide such notice by the specified deadline rendered the option void.
• Dugan v. Powell
  91 Fla. 1034· Fla.· 1926-06-05 ·cited 6×
  Mary Dugan sued to specifically enforce a real estate contract to purchase duplex apartment buildings in Winter Haven, Florida, after the sellers refused to convey the property when she failed to pay the required amount within 30 days. The Florida Supreme Court reversed the trial
• Thomas v. Fusilier
  966 So. 2d 1001· Fla. 5th DCA· 2007-10-12 ·cited 5×
  A former wife appealed a trial court's denial of her motion to enforce a marital settlement agreement, challenging the court's conclusion that she forfeited a $250,000 equitable distribution payment by vacating the marital home twelve days late. The appellate court reversed, hold
• Nacoochee Corp. v. Pickett
  948 So. 2d 26· Fla. 1st DCA· 2006-12-06 ·cited 5×
  Nacoochee Corporation sought specific performance of a real estate purchase contract against Diane Pickett after she terminated the agreement. The appellate court reversed the trial court's award of specific performance, holding that Nacoochee's material breaches—failure to timel
• Clayton v. Poggendorf
  237 So. 3d 1041· Fla. 4th DCA· 2018-02-21 ·cited 4×
  Clayton appealed a final judgment enforcing a settlement agreement for a business purchase dispute. The trial court held Clayton in breach for failure to make periodic payments and entered judgment against him, despite Clayton's argument that he did not receive proper notice of l
• Legacy Place Apt. Homes, LLC. v. PGA Gateway, Ltd.
  65 So. 3d 644· Fla. 4th DCA· 2011-07-27 ·cited 4×
  Legacy Place appealed a judgment in favor of PGA Gateway on a breach of contract claim arising from a post-closing agreement. The court reversed, finding that PGA Gateway materially breached the contract by failing to timely complete construction of RCA Boulevard when time was of
• Polezoes v. Bartlett
  921 So. 2d 35· Fla. 4th DCA· 2006-01-25 ·cited 4×
  The court held that the settlement agreement's terms clearly required closing within 30 days, implicitly making time of the essence, and that enforcement of the agreement did not constitute an impermissible penalty.
• W. World, Inc. v. Dansby
  603 So. 2d 597· Fla. 1st DCA· 1992-07-23 ·cited 4×
  Western World challenged a landlord's termination of a commercial lease, arguing the landlord waived the right to terminate through prior conduct. The court held that the lease's antiwaiver clause did not entirely eliminate common law waiver defenses and remanded for the trial co
• DELTA Mobile Homes, Inc. v. Ehmann
  275 So. 2d 269· Fla. 3d DCA· 1973-03-27 ·cited 4×
  Delta Mobile Homes sold property to Ehmann under a contract requiring Ehmann to secure financing. When Ehmann could not meet the closing deadline, the parties amended the agreement. Delta's agent then took Ehmann's development plans ostensibly to consult with an architect, but De
• Bethlehem Steel Corp. v. City OF Chicago
  350 F.2d 649· 7th Cir.· 1965-08-27 ·cited 4×
  The court held that liquidated damages provisions in contracts, when deliberately entered into by parties with equal bargaining power, should be enforced as agreed, even if the project was completed by the ultimate target date.
• Hoon v. Harmer Steel Prods. & Supply Co.
  278 F.2d 427· 9th Cir.· 1960-03-24 ·cited 4×
  The court affirmed the district court's judgments, finding that the appellant's claims were unsupported by evidence and that the trial court's factual findings were not clearly erroneous.
• N. Mining Corp. v. Trunz
  124 F.2d 14· 9th Cir.· 1941-12-10 ·cited 4×
  The court held that the transaction was not a mortgage and that the corporate officers had the authority to execute the agreement and deed as it pertained to the ordinary business of the corporation, despite a statute requiring stockholder approval for certain property dispositio
• Hillsborough Cnty. v. Pal Mere, Inc.
  101 Fla. 736· Fla.· 1931-05-29 ·cited 4×
  The Florida Supreme Court held that county commissioners exceeded their authority by waiving liquidated damages for a contractor's delay in completing a highway paving project, because doing so would prejudice taxpayers whose properties were subject to special assessments for the
• Mastec, Inc. v. TJS, LLC
  979 So. 2d 285· Fla. 2d DCA· 2008-02-27 ·cited 3×
  MasTec, Inc. (Seller) appealed a judgment ordering specific performance of a real estate contract for the sale of a reclaimed phosphate mine. The court reversed, holding that the buyers' failure to tender the purchase price before the contract expired precluded specific performan
• Rivka Shapiro v. Jacobs
  948 So. 2d 880· Fla. 3d DCA· 2007-02-07 ·cited 3×
  The court held that the seller breached the contract by failing to attend the closing, entitling the buyer to specific performance, as the buyer was ready, willing, and able to close.
• Porterco, Inc. v. Igloo Prods. Corp.
  955 F.2d 1164· 8th Cir.· 1992-02-03 ·cited 3×
  The court held that the trial court did not err in denying Igloo's motion for a directed verdict on Porterco's breach of contract claim, as Igloo's actions could be construed as a waiver of the 'time is of the essence' clause. The court also found that Igloo waived its right to a
• Thrifty Dutchman, Inc. v. Fla. Supermarkets, Inc.
  541 So. 2d 634· Fla. 3d DCA· 1989-01-17 ·cited 3×
  Thrifty Dutchman, a property owner-lessor, appeals a trial court decision granting equitable relief to Florida Supermarkets, a lessee who failed to timely renew a commercial lease option. The appellate court reverses, holding that equity cannot relieve a lessee from the consequen
• Diaz v. Kosch
  250 So. 3d 156· Fla. 3d DCA· 2018-06-13 ·cited 2×
  Buyers appealed summary judgments in a failed residential real estate transaction, challenging the trial court's determination that they forfeited their right to cancel the contract and their earnest money deposit. The Florida District Court of Appeal, Third District affirmed, ho
• Moss v. Bernetta Moss
  959 So. 2d 375· Fla. 3d DCA· 2007-06-13 ·cited 2×
  The court held that a three-day delay in tendering payment under a child support stipulation did not constitute a material breach justifying nullification of the agreement.
• Horovitz v. Levine
  755 So. 2d 687· Fla. 4th DCA· 1999-08-04 ·cited 2×
  The court held that the parties' conduct subsequent to the agreed completion date waived the "time is of the essence" provision in their settlement agreement.
• Scharlin v. Orange Cnty.
  669 So. 2d 276· Fla. 5th DCA· 1996-02-02 ·cited 2×
  Orange County contracted with Scharlin, Fisch, and Yeager to donate property and perform services to attract a V.A. hospital, with the County assuming the risk the hospital would not come. When the V.A. chose a different location, the County terminated the agreement. The appellat
• Sandler v. AII Acquisition Corp., Inc.
  954 F.2d 382· 6th Cir.· 1992-01-22 ·cited 2×
  The court held that the plaintiff's actions did not constitute a clear and unequivocal waiver of the Settlement Agreement's time provisions, thus releasing the plaintiff from the agreement due to the defendant's failure to timely perform.
• Harry F. Chaddick Realty, Inc. v. Maisel
  762 F.2d 534· 7th Cir.· 1985-05-21 ·cited 2×
  The court held that the term 'leased' in a bonus commission provision of a contract requires a formally executed lease, and the 'ready, willing and able' doctrine does not apply to override this plain meaning for bonus commissions.
• In re Gustafson
  619 F.2d 1354· 9th Cir.· 1980-05-30 ·cited 2×
  A court may not issue a summary contempt order under Fed.R.Crim.P. 42(a) for lawyer misconduct unless there is a compelling need for immediate action to prevent disruption of the proceedings.
• Charles Young Constr., Inc. v. Look
  508 F.2d 275· 9th Cir.· 1973-11-02 ·cited 2×
  The court held that the trial court did not err in ordering specific performance of a land sale contract, as neither party's failure to fully perform constituted a breach excusing performance.
• Gurney Indus., Inc. v. ST. Paul Fire & Marine Ins. Co.
  467 F.2d 588· 4th Cir.· 1972-09-14 ·cited 2×
  The court held that the production requirements in the contract were warranties, not mere conditions precedent to payment, entitling Gurney to damages beyond the retainage. Gurney's refusal to allow unapproved equipment replacement was reasonable mitigation.
• Trail Realty, Inc. v. Beckett
  462 F.2d 396· 10th Cir.· 1972-06-26 ·cited 2×
  The court held that the trial court correctly denied the motion to amend the complaint and correctly denied specific performance because the buyer defaulted on the contract by failing to tender payment by the deadline.
• Richardson v. VAN Dolah
  429 F.2d 912· 9th Cir.· 1970-07-21 ·cited 2×
  The court held that the trial court erred in decreeing rescission without allowing the vendor a reasonable opportunity to perfect title, and that evidence of the purchaser's actual notice of title defects should have been admitted.
• Veigh Cummings v. Bullock
  367 F.2d 182· 9th Cir.· 1966-10-07 ·cited 2×
  The court held that the plaintiff failed to strictly comply with the terms of the option to purchase, and therefore the option had lapsed.
• Okla. State Fair Exposition v. Lippert Bros., Inc.
  243 F.2d 290· 10th Cir.· 1957-04-12 ·cited 2×
  The court held that the Fair Exposition waived its right to claim breach of contract due to delay by acquiescing in the contractor's continued performance after the agreed completion date.
• Brotherhood of Sleeping Car Porters v. Pullman Co.
  200 F.2d 160· 7th Cir.· 1952-11-05 ·cited 2×
  The court held that the 15-day time limit for rendering a decision after a hearing under the collective bargaining agreement was directory, not mandatory, and could be waived by the parties' conduct.
• Roos v. Lassiter
  188 F.2d 427· 5th Cir.· 1951-04-18 ·cited 2×
  The court held that time was of the essence in the contract, and since the appellees failed to perform by the deadline, their recovery must be on a quantum meruit basis.
• N. Mining Corp. v. Cooke Mining Co.
  123 F.2d 9· 9th Cir.· 1941-10-22 ·cited 2×
  A third party, who acquired rights in property after a default on an option contract, lacks standing to challenge the original purchaser's actions or claim the property as an involuntary trustee.
• Davis v. Ivey
  984 So. 2d 571· Fla. 5th DCA· 2008-05-23 ·cited 1×
  Buyers sought specific performance of a real estate contract after the seller refused to close. The court held that the contract's clear language entitled buyers to a fifteen-day period to examine the title commitment after receipt, and the seller's delivery of the commitment one
• Enriquillo Exp. & Imp., Inc. v. M.B.R. Indus., Inc.
  733 So. 2d 1124· Fla. 4th DCA· 1999-06-09 ·cited 1×
  Enriquillo Export & Import sued to enforce a settlement agreement requiring MBR Industries to make installment payments by specified dates with a penalty clause for late payment. The court held that placing a check in the mail does not constitute payment of a debt when the contra