Under a contract to do one or the other of two things, the right of choice as to which of such things shall be done in order to perform the contract, is with the promisor up to the time of the breach.1 After the time for performing the contract has passed, the promisor has lost the right of election.2 Thus, where a vendor agrees to deliver goods at one of three places by a certain time, he must exercise his option of delivering at the place of his choice before such time, or he loses the right of election.3

51 Sloan v. Harden, 110 Mass. 141.

52 Smith v. Robson, 148 N. Y. 252; 42 X. E. 677.

53 Olson v. Ry., 22 Wash. 139; 60 Pac. 156.

54 Schliess v. Grand Rapids, 131 Mich. 52; 90 N. W. 700.

55 Smith v. Packard, 94 Va. 730; 27 S. E. 586.

56 Lilenthal v. Stearns. 121 Fed. 197.

1 Kramer v Ewing, 10 Okla. 357;

61 Pac. 1064; Duke v. Griffith. 13 Utah 361; 45 Pac. 276: Patcnin v. Swift, 21 Vt. 292; Dessert v. Scott, 58 Wis. 390; 17 N. W. 14.

2 Mueller v. Pels. 192 111. 76: 61 N. E. 472; affirming 94 111.App. 353; Kramer v. Ewing. 10 Okla. 357; 61 Pac. 1064.

3 Mueller v. Pels. 192 III. 76: 61 N. E. 472; affirming 94 111. App. 353.

So if A has the right to discharge his obligation to B within a certain time by conveying certain property or paying a certain sum of money and A does neither, B acquires the right of election.4