Reversed, with costs, on the law and the facts and judgment is directed to be entered in favor of defendant on condition that within 30 days after entry thereof, defendant tender to plaintiff the amount of $55,492.28.
Despite the dates for payment contained in the option agreement, the parties, as was the practice in the previous dealings between them, chose by their actions to waive the established time periods. Only as to the final payment was time considered to...
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