Howard & Foster Co. v. Cummins

The plaintiff contends that under, the contract between the parties evidenced by the two written orders and their acceptance, there being no express language making time of the essence of such contract, there was no such default by plaintiff in the filling of the orders as war*357ranted the holding by the court that 'time was of the essence or that defendant might and did lawfully rescind. It also contends that in any event it should have been permitted to give testimony showing what were the then existing business conditions before it as a sufficient excuse for its delay and under the clause…