context: The question of prejudice is one for the trier of fact, with each case resting upon its own merits. However, a reasonable factfinder, believing that promises conditioned upon timely performance should be kept when made, could have determined that the loss was not enough to warrant granting Ocean Atlantic's motion for specific performance.
citation_a.signal: see also
citation_a.identifier: 129 N.E. 891, 891
citation_a.parenthetical: suggesting that eccentric homeowner who insists on using Reading pipe should not be forced to accept Cohoes pipe that general contractor believes is "just as good"
citation_a.sentence: See Kansas Bankers, 963 F.2d at 294 (parties “who have bargained for strict compliance with specific time requirements ... inherently are prejudiced by noncompliance” with those deadlines); Dove v. Rose Acre Farms Inc., 434 N.E.2d 931 (Ind. App.Ct.1982); see also Jacob & Youngs, 129 N.E. at 891 (suggesting that eccentric homeowner who insists on using Reading pipe should not be forced to accept Cohoes pipe that general contractor believes is “just as good”). We refuse to hold that the trial judge committed clear error.
citation_b.signal: see
citation_b.identifier: 963 F.2d 294, 294
citation_b.parenthetical: parties "who have bargained for strict compliance with specific time requirements ... inherently are prejudiced by noncompliance" with those deadlines
citation_b.sentence: See Kansas Bankers, 963 F.2d at 294 (parties “who have bargained for strict compliance with specific time requirements ... inherently are prejudiced by noncompliance” with those deadlines); Dove v. Rose Acre Farms Inc., 434 N.E.2d 931 (Ind. App.Ct.1982); see also Jacob & Youngs, 129 N.E. at 891 (suggesting that eccentric homeowner who insists on using Reading pipe should not be forced to accept Cohoes pipe that general contractor believes is “just as good”). We refuse to hold that the trial judge committed clear error.