Ross v. Gentry

Defendant appeals from a decree quieting plaintiff’s title and foreclosing defendant’s interest as vendee in three pieces of real estate. It is appellant’s claim on this appeal that the provision in his contracts of purchase making time of the essence was waived by the conduct of plaintiff and that the said provision was not thereafter reinstated by a proper notice.

One contract covered a parcel known as lot number 9 and the other contract covered lots numbers 21 and 22'. Adding together the provisions of the two contracts, the agreements treated as one, provide as follows: Purchase price,…