Rottman v. Endejan

The three issues on this appeal are as follows:(1) Is time of the essence of the contract of sale ?(2) Has there been a material breach of the contract by the vendors which justified the purchasers in refusing performance ?(3) Is a tender of possession to the purchasers subsequent to the bakery tenant vacating the premises an essential condition precedent to the vendors maintaining an action for specific performance ?

The law is well settled that time will not be regarded as of the essence unless it is made so by the terms of the contract or the conduct of the parties. Long Investment Co. v.…