Morgan v. Love

Citations

• 173 Pa. 444
• 34 A. 43
• 1896 Pa. LEXIS 727

Syllabus

<p>Contract — Time essence of contract.</p> <p>In an action to recover the contract price of packing a large quantity' of tea, the defendants claimed that it was agreed that the goods should be packed ready for shipment in about two weeks, but that plaintiff had not delivered them for over a month afterwards, and that in consequence of this delay defendants were subjected to loss from salary paid salesman and by customers countermanding their orders. Plaintiff testified that he had stated to defendants that the work would take about two weeks, but that he was not aware that there was any great and vital necessity for having it ready at that particular time, and that the defendants delayed him in his work. Held, that it was for the jury to determine the facts under the conflicting evidence whether time was of the essence of the contract, and also whether defendants by their action delayed the plaintiff’s work.</p>