Kasten Construction Co. v. Maple Ridge Construction Co.
Court of Appeals of Maryland
226 A.2d 341 (1967)
Maple Ridge Construction (plaintiff) agreed to buy a subdivision lot from Kasten Construction (defendant). Maple Ridge missed the original payment deadline due to financing trouble, and Kasten agreed to extend it once; Maple Ridge missed the second deadline too, but five days later notified Kasten it had ordered a title exam expected to finish within weeks. Kasten then declared the contract void because the second deadline had passed. Maple Ridge sued for specific performance, and the trial court ordered it upon payment of interest. Kasten appealed.
Whether, under Maryland law, a party to a real-property sale contract is entitled to specific performance despite delaying its own performance, when the contract does not expressly make time of the essence and the parties' conduct shows they did not intend time to be essential.