Mistone v. Holzman

—Defendants-respondents agreed to sell their house to appellant, title to close December 1, 1952, later adjourned to December 3, 1952. The contract contained no express provision making time of the essence. The closing did not take place as scheduled, due, it is alleged, to appellant’s financial inability at that time. On December 13, 1952, defendants-respondents agreed to sell the property to plaintiffs-respondents at a substantially lower price, title to close December 29, 1952. That closing did not occur, due to the fact that appellant had filed a Us pendens against the premises on…