Gelder & Associates, Inc. v. Continental Insurance

MALLARD, Chief Judge.

The first question presented in defendant’s brief is whether the trial judge erred in failing to instruct as to the first issue that “time was of the essence” of the contract and in instructing the jury on the third issue as to “time being of the essence.”

There was evidence introduced by the plaintiff, as well as the defendant, which tended to show that “time was of the essence” of the contract between the parties. Plaintiff’s evidence tended to show that Foster, prior to its financial difficulties, had entered into an agreement with plaintiff for the performance, at the…