The plaintiff sought specific performance of an agreement of purchase and sale for a property and damages for breach of contract.
The transaction failed to close on the stipulated date due to a series of events beyond the plaintiff's control, including technical issues.
The defendant refused to extend the closing, relying on a "time is of the essence" clause.
The court considered the uniqueness of the property and the defendant's good faith, ultimately finding that the "time is of the essence" clause was strictly enforceable and that the defendant did not act in bad faith by insisting on strict compliance.
The plaintiff's applications for specific performance and damages were dismissed.
