Zuelke v. Gergo

There is a distinction pointed out by the cases between a breach of promise to do a thing and a breach of promise as to the time when it shall b,e done. Courts “have treated stipulations as to time as subsidiary and of less importance than the thing promised.If on interpretation of the contract, the court finds that the defendant is not protected by any express limitation or condition or by any provision that the plaintiff’s performance at the exact time that he promised is vital, the justice of excusing the defendant because of a breach by the plaintiff of his promise to perform at a stated…