Seth owned a vacant lot known as Richacre. Seth entered into a written contract with Bobto build a house of stated specifications on Richacre and to sell the house and lot to Bob. The contract provided for an "inside date" of April 1, 1977, and an "outside date" of May 1, 1977, for completion of the house and delivery of a deed. Neither party tendered performance on the dates stated. On May 3, 1977, Bob notified Seth in writing of Bob's election to cancel the contract because of Seth's failure to deliver title by May 1. On May 12, Seth notified Bob that some unanticipated construction difficulties had been encountered but that Seth was entitled to a reasonable time to complete in any event. The notification also included a promise that Seth would be ready to perform by May 29 and that he was setting that date as an adjourned closing date. Seth obtained a certificate of occupancy and appropriate documents of title, and he tendered performance on May 29. Bob refused. Seth brought an action to recover damages for breach of contract. The decision in the case will most likely be determined by whether
Seth acted with due diligence in completing the house. Bob can prove actual "undue hardship" caused by the delay.  the expressions "inside date" and "outside date" are construed to make time of the essence.  there is a showing of good faith in Bob's efforts to terminate the contract.