Worth Steel Co. v. Lewis

Pennewill, C. J.,

delivering the opinion of the court:

The question presented to the court, is whether the written agreement of the parties meant that the work should be completed in three months, or in the shortest time the builder could complete it by using every endeavor.

The question is not, whether there was a waiver of time limit, shown by the conduct of the defendant subsequent to the making of the contract, but what the intention of the parties was at the time of its execution respecting the time of performance.

Unquestionably it was the duty of the court to construe the contract, and…