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Willard v. Mercer

446 N.E.2d 774, 58 N.Y.2d 840, 460 N.Y.S.2d 18, 1983 N.Y. LEXIS 2840
CourtNew York Court of Appeals
DecidedFebruary 8, 1983
StatusPublished
Cited by12 cases

This text of 446 N.E.2d 774 (Willard v. Mercer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willard v. Mercer, 446 N.E.2d 774, 58 N.Y.2d 840, 460 N.Y.S.2d 18, 1983 N.Y. LEXIS 2840 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In this case, in which time was not made of the essence in the contract of purchase and sale, the prospective purchasers neither sought to fix a law day for the closing of title nor afforded the sellers a reasonable opportunity to remedy a concededly curable defect of title before repudiating the contract. In this circumstance the buyers were not entitled to a refund of their down payment.

[842]*842Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
446 N.E.2d 774, 58 N.Y.2d 840, 460 N.Y.S.2d 18, 1983 N.Y. LEXIS 2840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willard-v-mercer-ny-1983.