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OWEN v. KESSLER

Nos. 01-P-32 & 01-P-184.

56 Mass. App. Ct. 466 (2002)

TARA B. OWEN v. SIDNEY KESSLER, trustee (and a companion case).

Court of Appeals of Massachusetts, Barnstable.

November 15, 2002.

Attorney(s) appearing for the Case

John R. Costello for Tara B. Owen.

William F. Riley for Steven B. Wardle.

Present: GRASSO, KANTROWITZ, & COWIN, JJ.

KANTROWITZ, J.

The lesson to be learned from this real estate deal gone bad is a simple one: a "time is of the essence" clause means that contractual deadlines will be strictly enforced. A waiver of a deadline will not be found unless one is demonstrated by the actions of the parties. See McCarthy v. Tobin, 429 Mass. 84, 88-89 (1999).

Facts. Tara Owen...

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