Chatalian v. Di Fusco

The agreement of sale, executed April 23, 1920, provides “that the deed shall pass within sixty days from this date and that all rents, the taxes of the year 1920 and insurance shall be apportioned at the date of the delivery of the deed.” The termination of the time within which the conveyance must be made or tendered was therefore fixed as June 23, 1920. The present action is at law and the time of performance is of the essence of the contract. Lowe v. Harwood, 139 Mass. 133. Mansfield v. Wiles, 221 Mass. 75, 81. The plaintiffs made the initial payment of $300 called for by the agreement,…