"The plaintiff then alleges certain damages which he suffered, and, in Prayer for judgment, asks that the outstanding balance: of the instalments be due and Yoi able, These amount substanti to $41,000. He algo asks for Tls. 0,000 and counsel fees and costs.
"The first question the Court has to determine is whether or not there tuas been a breach of contract such lo the plaintiff to recover Li there were a breach, what a: the rights of the plaintiff and whi damage did he suffer on account of the breach, "It is admitted by the defendant that the June payment was nct-made when payable. The failure of the defendant to' make payment on the precise day does not, judgment, constitute a breach. am of the opinion that time ig, not the essence of th contract. There might have been a default such as to entitle plaintiff to sue for the amount of the instalment, uch as might have allowed if to rescind the contract. But if the defendant, in a reasensble time, paid the amount owing on the instalment, it seems to me that be }would be allowed protection under the contract, and the plaintiff would be comifelled to accept this, together with interest.
"But if I am wrong in holding [that time if not the -eesence of this!
Text read from the printed page and cleaned; old type leaves the occasional error.