Kelleher v. Rosenberg

The plaintiffs appealed from a final decree dismissing their bill for specific performance of an agreement to sell a certain parcel of land. The judge made a report of material facts and the evidence is reported. The judge found that “papers were to be passed on November 7th [1964] and that time was the essence of the contract.” The agreement expressly provided that the premises were to be conveyed on or before that date. “Kelleher [the buyer] and Rosenberg [the seller] understood the date to be November 7th throughout their dealings with each other.” The contract required the seller to…