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.
If provision is made for giving notice either as a condition precedent or as a condition subsequent, such provision is regarded as analogous to the acceptance of an offer which by its terms is to remain open for a certain specified time,1 rather than as analogous to the acceptance of an offer which does not by its terms specify the time for which it is to remain open;2 and accordingly such notice is not given by mailing the letter which contains such notice, but only by the receipt thereof.3 At any rate, it must be mailed in time to be transmitted to the adversary party, in the usual course of post, within the time specified in the contract.4 Accordingly, if such notice is mailed within the time specified for giving such notice, but not in time to be delivered in due course of mail within the time specified by the contract, and it is not received until after such time has expired, such notice is given too late,5 if time is of the essence of such provisions,6 as it usually is.7 If a provision for notice stipulates that it shall be "deposited in the postoffice," placing it in a mail-box is not sufficient.8 .
is Olson v. Chicago, B. & Q. R. Co, 250 Fed. 372.
1434 U. S. Stats, at L. 595, c. 3591, Sec. 7; the Act of June 29, 1906, the so-called Carmack Amendment.
15 J. Van Lindley Nursery Co. v. Southern Ry. Co., 109 S. Car. 433, 96 S. E. 221.
16 Rose v. Monarch, 150 Ky. 129, 42 L. R. A. (N.S.) 660, 150 S. W. 56.
1 See Sec. 146.
2 See Sec. 199 et seq.
3 Shea v. Massachusetts Ben. Association, 160 Mass. 289, 39 Am. St. Rep. 475, 35 N. E. 855; Hoban v. Hudson, 129 Minn. 335, L. R. A. 1916B, 1114, 152 N. W. 723; Peabody v. Satter-lee, 166 N. Y. 174, 52 L. R. A. 956, 59 N. E. 818.
4 Wheeler v. McStay, 160 Ia. 745, L. R. A. 1915B, 181, 141 N. W. 404.
5 Wheeler v. McStay, 160 Ia. 745, L. R. A. 1915B, 181, 141 N. W. 404; German Union Fire Ins. Co. v. Fred G. Clarke Co., 116 Md. 622, 39 L. R. A. (NS.) 829, 82 Atl. 974; Peabody v. Satterlee, 166 N. Y. 174, 52 L. R. A. 956, 59 N. E. 818; Field v. Mann, 42 Vt. 61.
Contra, Manufacturers' and Merchants' Mutual Ins. Co. v. Zeitinger, 168 III. 286, 61 Am. St. Rep. 105, 48 N. E. 179; Walters v. Laurens Cotton Mill Co., 53 S. Car. 155, 31 S. E. 1 (service of notice of appeal); Craig v. United States Health & Accident Ins. Co., 80 S. Car. 151, 128 Am. St. Rep. 877, 18 L. R. A. (N.S.) 106, 61 S. E. 423 (obiter, as notice mailed too late). .
The fact that the adversary party has changed his address and that the party who attempts to give the notice by mail does not know of such change, does not make the notice date from the mailing thereof.9