Turney v. Smith

Rachel H. and Jack R. Turney, Jr. (sellers or the Turneys) are appealing from a decree that awarded Dora P. and George Smith, Jr. (purchasers or the Smiths) specific performance of a real estate sale contract involving a residence and approximately 1.5 acres of land on Ballantrae Lane in McLean, Fairfax County, Virginia. The *811controlling question in the case is whether time was of the essence in the performance of the contract.

The Turneys and the Smiths began negotiations on Sunday, October 20, 1968, using the Turneys’ realtor, Conrad R. Harper (Harper), as an intermediary during the ensuing…