Kitching v. Browne

The day last fixed by the written contract for closing was September 15, 1920. Down to September 23, 1920, adjournments were sought by defendant’s agent of “ a day or so ” and, again, “ a day or two,” and finally on September 23, 1920, he stated “ that he was practically ready to close and would close in a day or two ” at which time he was explicitly informed by plaintiff’s attorney that plaintiff “ could not let the matter drift ” and that if defendant was “ ready in a day or so ” no advantage would be taken of the situation, but that “ plaintiff wanted it closed up.” I shall, therefore,…