The Bassos contracted with Dierberg to purchase her property for $1,3l0.00
6. The Bassos contracted with Dierberg to purchase her property for $1,3l0.000. One term ofthe contract stated, "[t]he sale under this contract shall be closed . . . at the office of Community Title Company. . . on May 16, 1988 at 10:00 AM. . . . Time is ofthe essence of this contract." After forming the contract, the Bassos assigned their right to purchase Dierberg’s property to Miceli and Slonim Development Corp. At 10:00 AM on May 16. I988, Dierberg appeared at Community Title for closing. No representative ofMiceli and Slonim was there, nor did anyone front Miceli and Slonim inform Dierberg that there would be any delay in the closing. At 10:20 AM. Dierberg declared the contract mill and void because the closing did not take place as agreed, and she left the title company office shortly thereafter. Diei’berg had intended to use the purchase money to close another contract to purchase rea1 estate later in the day. At about 10:30 AM, a representative of Miceli and Slonim appeared at Community Title to begin the closing, but the representative did not have the funds for payment until [:30 PM. Dierberg refused to return to the title company. stating that Miceli and Slonim had breached the contract by failing to tender payment on time. She had already made alternative arrangements to finance her purchase of other real estate to meet her obligation under that contract. Miceli and Slonim sued Dierberg. claiming that the contract did not require closing exactly at l0:00 13-1, but rather some time on the clay of May 16. Will they prevail?
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