Leslie M. Sandler v. Aii Acquisition Corp., Inc., James M. Hong, and Charles E. Coreth

SILER, Circuit Judge.

Plaintiff-Appellant, Leslie M. Sandler appeals the district court’s order requiring him to perform pursuant to the Settlement Agreement. The court found the Settlement Agreement’s May 24, 1991, closing date had been waived by (1) plaintiff’s May 13, 1991, declaration that the Settlement Agreement was void; and (2) plaintiff’s counsel’s remarks at a May 22, 1991, hearing indicating plaintiff’s inability to close on May 24. The district court further found that All Acquisition Corp. (“AH”) had substantially performed on May 28, 1991, and granted All a reasonable time in…