Herring Motor Co. v. Belin

1. “Time is not generally of the essence of a contract; but, by express stipulation or reasonable construction, it may become so.” Civil Code (1910), § 4268 (8). Where a time is fixed for delivery, but there is no express.stipulation that it shall be of the essence of the contract, it is a matter of construe*757tion as to whether the time fixed is of the essence of the contract. Alabama Construction Co. v. Continental Car &c. Co., 131 Ga. 365, 368 (62 S. E. 160); Augusta Factory v. Mente, 132 Ga. 503, 509 (64 S. E. 553). Where no time is fixed for delivery, or the contract is indefinite as to the…