Where the time of delivery is not fixed by the terms of the contract, the law demands that the delivery be made within a reasonable time. What is a reasonable length of time, depends upon the facts and circumstances of the particular sale.10 Where the time of delivery is agreed upon, in the contract, not much difficulty can arise, where the terms of the contract stating the time of delivery are clear and unequivocal, but the parties may see fit to state the time of delivery in a more or less ambiguous form. Where the language is not plain, it remains then for the court to construe it; for instance, where delivery is to be made "as soon as possible," "about a certain day," "next year" and the like terms. These terms may have a somewhat different meaning under different circumstances.

Where the time for delivery is fixed by the terms of the contract the law usually deems the time to be of the essence of the contract.11 Performance at the time agreed upon is indispensable. To make it absolutely free from doubt, it is, however, a general rule of contract law that where time is to be of the essence of the contract the safest way would be to use this phrase, stating in express words, that time is of the essence of the contract. In the contract of sale, it is enough ordinarily to fix the time in the contract.

The weight of authority in the United States is that the right to rescind the contract of sale remains to either party, where the other fails to perform an essential term of the contract.12

10 Walden vs. Murdock, 23 Gal., 540. 11 Cleveland Rolling Mills vs. Rhodes, 121 U. S., 25*.

12 Providence Goal Go. vs. Coxe, 19 R. I., 380.