Zenko v. Boucher

I concur with my brother O’Hara that abandonment of this contract to purchase is not sustained by the evidence. However, I do not agree that it follows, a fortiori, that defendant is entitled to specific performance of the contract on his counterclaim. One further question remains: Was plaintiff-seller justified in terminating the contract of sale because defendant failed to complete the purchase within the 60 days specified in the contract or within a reasonable time? The specific dates of the transactions between the parties are relevant to this inquiry.

The parties entered into the contract…