Reagan v. D. & D. BUILDERS, INC.

MONTGOMERY, Judge:

This is an appeal from an equity proceeding brought by appellant-Buyer for specific performance of a written contract for the sale of real estate in which time was not specifically made of the essence. The appellee-Seller defended the action on the basis that Buyer unreasonably delayed in paying the balance of the consideration and this, in turn, constituted a material breach which justified rescission on Seller’s part. The chancellor found for the Seller below and dismissed the complaint. The court en banc affirmed the chancellor’s decree and dismissed Buyer’s Exceptions…