ADC Orange, Inc., Appellant v. Coyote Acres, Inc., Respondent

Summary

The Court held that the contract did not make the interim payment deadline a time‑of‑the‑essence provision, so ADC's late payment was not a material breach and the $100,000 down payment must be returned. The Court also held that ADC's claim for specific performance raises genuine issues of fact and cannot be dismissed, so the matter is remanded for trial.