Massachusetts Appeals Court November 15, 2002, Nos. 01-P-32 & 01-P-184 (Owen v. Kessler)

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United States · · · 15-11-2002

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 *467means 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).

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