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Abstract

This Note will demonstrate that the Fletcher court erred in holding that a land sale contract closing date could be waived. This Note will show that the court misapplied the doctrine of waiver to a land sale contract closing date, the court erroneously concluding that the seller was estopped from contending that reasonable time for performance should be computed from that date. Additionally, this Note will also show that the court modified the contract closing date for the purpose of computing a reasonable time for performance, a result that the parties themselves could not have reached without a written modification of the closing date that complied with the Statute of Frauds. The Note discusses the impact of the Fletcher decision and concludes that the court's application of waiver to a closing date was an unwarranted abandonment of the rule that performance be within a reasonable time from the closing date.

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