Court of Appeals of Georgia February 12, 1925, 15648 (Henry Cotton Mills v. Shoenig & Co.)

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United States · · · 12-02-1925

Jenkins, P. J.

(After stating the foregoing facts.)

“Time is not generally of the essence of a contract; but, by express stipulation or reasonable construction, it may become so.” Civil Code (1910), § 4268 (8). It “is of the essence of a contract when the parties have expressly so treated it, or when it is necessarily so from the nature and circumstances of the contract.” Sneed v. Wiggins, 3 Ga.

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