Tesini v. Zawistowski

LETTS, Judge.

Time stated to be of the essence in a purchase and sale agreement, the trial court found the actual closing should have been finalized on the date set in the agreement. We reverse.

The agreement called for a closing on Monday, September 5, 1983, which the parties later realized was Labor Day. Accordingly, the buyer’s attorney granted a one day extension until September 6th on which latter date the seller was ready, willing, and able to close. Notwithstanding, the buyer argued that his attorney had no authority to grant the extension and in any *776case that he adequately revoked it…