Orders affirmed, without costs.
Memorandum:
Defendants should not be precluded from an opportunity to establish on a plenary trial all the circumstances surrounding the transaction between the parties from which there well may be derived the inference that time was contemplated by the parties to be of the essence of the contract.
All concur, except
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
