Walker v. Feiring

Plaintiffs-sellers appeal from a decree granting specific performance of three real estate contracts. In their complaint they sought to have their title quieted, and the defendants counterclaimed for specific performance. On appeal plaintiffs raise only one issue clearly: Whether, in contemporaneous multiple real estate transactions where time was agreed to be of the essence, the seller, by not insisting upon timely performance of part of the transactions, thereby waives the right to insist upon timely performance of the others. In the circumstances of this case, we find a waiver.

Plaintiffs…