49. Application for performance on certain day to be at proper time and place

When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the hours of business.

Explanation— The question “what is a proper time and place” is, in each particular case, a question of fact.

Contracts 37

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Part VI

Of Certain Relations Resembling Those Created by Contract

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