Fortin v. Wilensky, 142 Me. 372 (1947)

Citation: Fortin v. Wilensky, 142 Me. 372 (1947)
Parent Document: Fortin v. Wilensky, 142 Me. 372 (1947)
Jurisdiction: Maine (state)
Effective Date: 1947-05-19
Original Source: https://www.courtlistener.com/opinion/5122679/fortin-v-wilensky/ ↗

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The court below also stated in the decree “that the plaintiffs in this action did not act seasonably.” It is a well established doctrine that when no time is specified, a reasonable time is implied. What a reasonable time is may be a mixed question of law and fact, depending on the circumstances of the particular case, and whether the facts and circumstances are in dispute. At law, time is of the essence of a contract, but in equity it depends upon the circumstances. Snowman v. Harford, 55 Me., 197, 199; Fisk v. Williams, 75 Me., 217; Telegraphone Corp. v. Telegraphone Co., 103 Me., 444, 69 A., 767; Dalton v. Callahan, 122 Me., 178, 187, 119 A., 380; Colbath v. Stebbins Lumber Co., 127 Me., 406, 144 A., 1.

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