Nelson v. Cannon

I respectfully disagree with the conclusion of the majority that the trial court erred in granting summary judgment in this case.

Several additional facts are necessary to a full perspective of the case:

1. By the terms of the agreement between the parties, closing was to be no later than 90 days after the opening of escrow unless extended for an additional 90 days by purchaser paying an additional $10,-000.00 into escrow. The additional $10,-000.00 was to be nonrefundable.

2. Time was of the essence of the contract.

3. The escrow was opened on April 19, 1978, so that closing should have taken…