Usher v. Livermore

Weight, 0. J.

I concur in the conclusion, that the judgment of the court below should be affirmed. I do not understand, however, that the rule, that time is not treated by courts of equity, as of the essence of-the contract in actions for specific performance, is an assumed one, or of the limited application suggested in the above opinion. And therefore, in so much of the opinion as relates to that subject, I do not wish to be understood as concurring.