Separk v. Caswell Builders, Inc.

Birdsong, Presiding Judge.

W. Allen Separk appeals from a judgment, based upon a jury verdict, for Caswell Builders, Inc., for breach of a contract to purchase a house and lot. The record shows the parties agreed Caswell Builders would construct a house for Separk and that after completion of the house, Caswell Builders would convey the house and lot to Separk. The contract also provided that time was of the essence.

Through various modifications of the contract, the contract price was increased and closing date was extended. Finally, although the contract provided that the closing would be on…