Doctorman v. Schroeder

92 N.J.Eq. 676, 114 A. 810 (1921)

Facts

Doctorman's (P) wife entered a contract to purchase real property. She made a $500 down payment and was to make an additional payment of $1500 on December 19. The contract provided that, unless the $1500 payment was made on time, the contract was null and void, and any money paid at that point was forfeited. On December 19, Mrs. Doctorman was unable to raise the $1500 and got an extension of time from the seller. The supplemental agreement in which the extension was granted provided that payment was to be made at 2:30 p.m. on December 20, and recited that time was of the essence. P did not arrive to make the payment until about 3:00 on December 20, and when she tendered payment, the sellers (D) refused to accept it. P's complaint was dismissed, and P appeals.