Law, Business, and Society 9th Edition by Tony McAdams

Exercise 44

Wardle made a standard real estate offer to buy a house owned by Kessler. The offer contained a "time is of the essence" clause specifying that the deal had to be completed on or before 11 AM on September 26, 1997. Owen then submitted a backup purchase offer for the same price as offered by Wardle. Wardle's completed contract was not delivered to Kessler until approximately 11:20 AM on September 26, so Kessler sold to Owen. Wardle then sued Kessler. Decide. Explain. See Owen v. Kessler, 778 N.E. 2d 953 (App. Ct. Mass. 2002).