"Time of Performance Clause" Does Not Merge Into Deed Upon Closing For Purpose of Breach of Contract Claim in Real Estate Transaction
In a case of first impression in Alabama, the Court of Civil Appeals held that a "time of performance clause" in a real estate contract did not merge into the final deed upon delivery. Brogden v. Durkee, [Ms. 2070265] (Ala. Civ. App. Feb. 9. 2009). Citing cases from other jurisdictioon, the court concluded that the time of performance clause did not merge into the deed and therefore would support a breach of contract claim for delay damage after closing.
