Hello,
I need your help in making me understand the following:
I was the vendor and was sued for specific performance under an Agreement for Sale.
The deal went sour as the Vendor refused in writing to perform one of the essential terms and conditions of the Agreement. The deal could not go forward until he complied with this condition and he wanted me to perform with his complying with the same. He finally performed as required under the condition, but three months after he filed the suit for specific performance (and about 15 months after signing of agreement).
Can the Court still grant him specific performance because time was not the essence of the contract and even though he at first flatly refused to perform?
Also, since I was never in breach of the contract terms and it was he who delayed performance, can he be entitled to any compensation? I am more than willing to refund his 10% advance.
Thank you.
