Estate of Heller

Citations

• 6 Pa. Super. 246
• 1898 Pa. Super. LEXIS 143

Syllabus

<p>Contract — Time is of essence of a contract to deliver chattels.</p> <p>In mercantile transactions, such as the sale of goods, time is generally-held to be of the essence of the contract; and where one of the terms of the contract provides a date for the shipment or delivery, shipment or delivery at the time fixed will usually be regarded as a condition precedent, on the failure to observe such date the other party may repudiate the entire contract.</p> <p>Contract — Construction—Written and printed parts.</p> <p>When the written and printed parts of a contract cannot be reconciled, the former is presumed to have been separately and particularly considered by the parties, and to express their exact- agreement on the subject.</p>