O'Bara v. Bielecka

Opinion by

Mr. Justice Simpson,

Defendant appeals from a final decree directing specific performance of a written contract for the sale of real estate.

The bill avers that defendant agreed to sell and plaintiff to purchase the property described, settlement to be made “within sixty days from the date hereof [August 18, 1922], said time to be of the essence of this agreement, unless extended by mutual consent in writing endorsed thereon”; that, on September 28, 1922, plaintiff notified defendant that settlement would be made on October 18, 1922, to which she agreed in writing, but failed to…