This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
11 Houston, etc., Ry. v. Keller, 90 Tex. 214, 37 S. W. 1062.
12 Te Poel v. Shutt, 57 Neb. 592, 78 N. W. 288.
13 Oconto Co. v. Lundquist, 119 Mich. 264, 77 N. W. 950.
14 The Harbinger, 50 Fed. 941; Ingram v. Wackernagel, 83 Ia. 82, 48 N. W. 998.
An insurance policy which by its terms expires on a holiday does not include liability from an accident on the following day. Upton v. Travelers' Insurance Co., - Cal. - , 2 A. L. R. 1597, 178 Pac. 851.
If a policy of insurance expires on Sunday, it does not protect the insured against injury sustained upon Monday. Upton v. Travelers' Insurance Co., - Cal. - , 2 A. L. R. 1597, 178 Pac. 851.
15Ryer v. Prudential Ins. Co., 185 N. Y. 6, 77 N. E. 727.
16 Aetna Life Insurance Co. v. Wim-berly, 102 Tex. 46, 23 L. R. A. (N.S.) 759, 112 S. W. 1038.
17Doyle v. Bank, 131 Ala. 294, 90 Am. St. Rep. 41, 30 So. 880.
18Moreland v. Citizens' National Bank, 114 Ky. 577. 102 Am. St. Rep. 293, 61 L. R. A. 900, 71 S. W. 520.
19 England. Clayton's Case, 5 Coke la; Combe v. Pitt, 3 Burr. 1423 (obiter); Lester v. Garland, 15 Ves. Jr. 248.
United States. M'Gill v. Bank of United States, 25 U. S. (12' Wheat.) 511. 6 L. ed. 711.
Connecticut. Ladany v. Assad, 91 Conn. 316. 99 Atl. 762.
Mississippi. Hattiesburg Grocery Co. v. Tompkins. 111 Miss. 592, 71 So. 866.
Utah. Tilton v. Sterling Coal & Coke Co., 28 Utah 173, 107 Am. St. Rep. 680. 77 Pac. 758.
20King v. Goodenough, 2 Ad. & El. 463; Sanders v. Norton, 20 Ky. (4 T.
B. Mon.) 464; Gillespie v. White, 16 Johns. (N. Y.) 117.
21 The India, 49 Fed. 76, 1 C. C. A. 174.
22 Cook v. Gray, 6 Ind. 335.
23Clayton's Case, 5 Coke la; Castle v. Burditt, 3 T. R. 623; Griffith v. Bogert, 59 U. S. (18 How.) 158, 15 L. ed. 307.
24 Howard's Case, 2 Salk. 625; Leavenworth Coal Co. v. Barber, 47 Kan. 29.
25 Hatter v. Ash, 1 Ld. Ravm. 85.
26 Seward v. Hayden. 150 Mass. 158, 5 L. R. A. 844, 22 N. E. 620.
The great weight of modern authority is to the effect that under a contract which provides for performance within a specified number of days and the like, time is to be computed by excluding the day of the date and including the last day of the performance.27 A contract which calls for performance within a certain time "from date," requires the exclusion of the day of the date.28 A contract which provides for performance until a certain date,29 or by a certain date,30 includes such date. A contract which does not expressly state within what time it is to be performed, may refer to another contract in such a way as to show that the time fixed in such other contract is the time intended by the parties.31 Thus a contract to give employment or to pay royalties during the "term" of a prior contract for the use of a patent for five years, with the option of five more, has been held to mean the ten-year term, even though the option as to the second period of five years was not in fact taken advantage of.32
Clear and specific provisions in a contract for performance at a specified time, are not affected by equivocal provisions in other parts of such contract33 A provision for making a payment when certain tests are made satisfactorily, is not modified by another provision regulating the time for which such payment is to be made.34 A provision that a contract should be in effect for a certain period from date and thereafter until another period shall elapse after written notice of the termination of such contract, does not prevent such notice from being given before the expiration of the period named in the contract; and, accordingly, by giving due notice such contract may terminate at the time fixed in the contract.35 A promise to do all work which may be ordered in a certain period of time requires performance of all orders received in such time, although performance can not be had until after such period has elapsed.36 A promise by A to pay for X's tuition, books and clothing "during the time he is in school aforesaid," is to be construed in connection with B's covenant to pay for X's board and lodging at school "for the next four years," and accordingly A is not bound to make such payments for more than four years, although X's preparation is such that he is unable to complete the course in four years.37 Under a contract which provides for settlements under a theatrical contract at the end of each performance, or at such times as may be agreed upon mutually, either party may demand a settlement at the end of each performance.81 A contract by which a corporation agrees to make certain payments as long as such corporation or its successors or assigns occupy certain realty, is not limited to the term of the original lease or to the duration of the charter of the corporation.39 A provision in a building contract for extending time in case of certain delays, fixes the rights of the parties in case of such delays and prevents other redress.40 If A makes an offer requiring performance by June first, with a penalty for delivery, and B refuses to consent to the payment of such penalty, the act of the parties in acquiescing in B's beginning performance under such contract is to be regarded as an acquiescence in June first, or at least within a reasonable time thereafter as the time for performance.41 A contract which provides for payment on the fifteenth and thirtieth of each month, the amount of such payment not to exceed a certain amount or certain quantity of product, does not require payment of such amount as soon as each quantity of product was prepared; but the reference to the amount or quantity of product was put in for determining the amount to be paid and not the time at which it is to be paid.42 A contract by which A agrees to act for B during B's life, and to act as executor of B's estate on B's death, is not a mere contract of agency,43 and accordingly does not end at B's death.44
27 England. Kennedy v. Thomas , 2 Q. B. 759.
United States. Sheets v. Selden's Lessee, 69 U. S. (2 Wall.) 177, 17 L. ed. 822.
Alabama. Doyle v. Bank. 131 Ala. 294, 90 Am. St. Rep. 41, 30 So. 880.
Connecticut. Blackman v. Nearing, 43 Conn. 56, 21 Am. Rep. 634.
Iowa. Teucher v. Hiatt, 23 Ia. 527. (So by statute.)
Kansas. Farmers' National Bank v. Salina Paper Mfg. Co., 58 Kan. 207, 48 Pac. 863.
Massachusetts. Walker v. John Hancock Mutual "Life Ins. Co., 167 Mass. 188, 45 N. E. 89.
Nebraska. Crites v. Capitol Fire Ins. Co., 91 Neb. 771, 137 N. W. 847.
New York. Snyder v. Warren, 2 Cow. (N. Y.) 518, 14 Am. Dec. 510.
Utah. Tilton v. Sterling Coal & Coke Co., 28 Utah 173, 107 Am. St. Rep. 689, 77 Pac. 758.
Vermont. Beeman v. Cook, 48 Vt. 201, 21 Am. Rep. 123.
28Oatman v. Walker, 33 Me. 67; Walker v. John Hancock Mutual Life Ins. Co., 167 Mass. 188, 45 N. E. 89.
29 Hatfield v. Clovis, 219 Pa. St. 168, 68 Atl. 43 (obiter, as act was done on prior date).
30Blalock v. Clark, 133 N. Car. 306, 45 S. E. 642.
31 Poole v. Plush Co., 171 Mass. 49, 50 N. E. 451; Ryberg v. Goodnow, 59 Minn. 413, 61 N. W. 455.
32 Poole v. Plush Co., 171 Mass. 49, 50 N. E. 451.
33 In re Youngerman's Estate, 136 Ia. 488, 114 N. W. 7; Nicola Bros. v. Hurst (Ky.), 28 Ky. Law Rep. 87, 88 S. W. 1081; Mayo v. Philadelphia Textile Machinery Co., 105 Va. 486, 53 S. E. 967; Green v. Ballard, 51 Wash. 149, 98 Pac. 95.
34 Green v. Ballard, 51 Wash. 149, 98 Pac. 95.
35 Mayo v. Philadelphia Textile Machinery Co., 105 Va. 486, 53 8. E. 967.
36 Robert Smith Printing Co. v. Board of State Auditors, 148 Mich. 561, 112 N. W. 130.
37In re Youngerman's Estate, 136 Ia. 488, 114 N. W. 7.
38 Comstock Amusement Co. v. Opera Ball Co., 93 O. S. 46, 112 N. E. 150.
39 Arlington Hotel Co. v. Rector, 124 Ark. 90, 186 S. W. 622.
40 Goss v. Northern Pacific Hospital Association, 50 Wash. 236, 96 Pac. 1078.
41Kelley v. Hart-Parr Co., 137 Ia. 713, 115 N. W. 490.