Horizon Corp. v. Westcor, Inc
In Horizon Corp. v. Westcor, Inc., 142 Ariz. 129, 136, 688 P.2d 1021, 1028 (App. 1984), escrow failed to close on the stated date and months later, after learning the seller intended to back out of the contract, the buyer waived all contingencies and tendered full performance. 142 Ariz, at 133, 688 P.2d at 1025.
After the seller sued to quiet title, the court held the buyer was entitled to specific performance because the seller had not cancelled the contract pursuant to its terms before the buyer performed. Id. at 136, 688 P.2d at 1028.
Because the seller had not sent the required notice of cancellation, "the contract was in full force and effect." Id.
The same result occurred in O'Hare, in which the seller contended that buyer breached by failing to close escrow by the designated date. 132 Ariz, at 33, 643 P.2d at 736.
"Although the buyer did nothing toward performance during the escrow period, he had a right to rely on the contract provision requiring notice to him if the sellers were going to cancel." Id.