Adrian Developers Corp. v. de la Fuente

This appeal involves a time of the essence contract in which a payment was not timely made but which, when made, was not timely rejected. Thus, the issue is whether a right to terminate an agreement flowing from a time of the essence provision is waived by not terminating the agreement in a timely manner. We affirm the trial court’s determination that the agreement was not properly terminated but reverse on the issue of whether the *156purchaser should be permitted to proceed to purchase under the agreement.

On August 8, 2001, Adrian Developers Corp., as buyer, and Francisco de la Fuente, as…