Sheehan v. McKinstry

The first matter affirmatively alleged in McKinstry’s separate answer is that the plaintiff granted an extension of time to pay the stipulated installments under a provision in the contract which provides that “in the event of financial depression, panic or reverse circumstances,” making it impossible for McKinstry to make any of the payments stipulated, the plaintiff shall, upon request, grant an extension of one year within which such payments may be made. No testimony was offered, either to support or contradict this contention. In the state of the record, the original pleadings not being…