Business Law 4th Edition by David Twomey,Marianne Jennings

Exercise 10

Tinchers signed a contract to sell land to Creasy. The contract specified that the sales transaction was to be completed in 90 days. At the end of the 90 days, Creasy requested an extension of time. The Tinchers refused to grant an extension and stated that the contract was terminated. Creasy claimed that the 90-day clause was not binding because the contract did not state that time was of the essence. Was the contract terminated? [Creasy v Tincher, 173 SE2d 332 (W Va)]