Performance must be in accordance with terms of contract, sec 869.

By consent mode of performance may be varied, sec 870.

[As to conditions, see supra, sec 545 et seg.]

[As to part performance of contract of service, see supra, sec 716 et seq.: of contract of sale, infra, sec 899.]

II. Place

Performance to be in assigned place, sec

871. When no place is designated, place of performance is to be inferred, sec 872. On contract to pay money tender must be made personally, sec 873. Form of contract determined by place of solemnization; meaning of words by place of agreement; process by lex fori; mode of performance by lex loci solutionis, sec 874. Distinctive rule as to negotiable paper,.

Sec 875

Distinctive rule as to insurance, sec 875 a. Distinctive rule as to common carriers, sec 876. On contract for sale of goods delivery may be to purchaser's carrier, sec 877. Otherwise as to delivery to captain of ship on bill of lading, sec 878. Vendor must see goods are properly received by carrier, sec 879. Vendor may make carrier his agent, sec 880.

III. Time

Money obligations without date are payable on demand, sec 881. When no time is fixed for performance a reasonable time is implied, sec 882. So of goods payable on demand, sec

882 a. Time in other cases to be inferred, sec .

883. When time is fixed, full limit is allowed,.

Sec 884

Last business hour permissible, sec 885. Party by disabling himself or refusing may make himself liable to suit before day fixed, sec 885 a. * "Forthwith" and similar terms to be construed according to context, sec

886. Time may be of essence, and if so stipulations enforcing it will be compelled, sec 887. Construction of time in equity same as in law, sec 888. Forfeiture may be fixed by agreement,.

Sec 889

Forfeiture from lapse of time cannot be exacted by dilatory party, sec

890. Punctuality waived by acceptance, sec .

891. Time may by notice be made essential,.

Sec 892

Nominal date presumed to be real, sec

893. Date of beginning of lease determined by context, sec 894.

When liability continues from one specified day to another, the first is excluded and the last included, sec 895.

"Month" in mercantile contracts means "calendar" month, sec 896.

When time falls on Sunday, delivery may be on next day, sec 897.

IV. Quantity Ok Quality

Quantity stipulated for must be delivered, sec 898.

When duty is divisible, performance may be partial, sec 899.

Otherwise when aggregate is contracted for, sec 900.

Party preventing completion cannot charge the other with the loss, sec 901.

"About," "more or less," are proximate terms, sec 902.

Article not answering description may be returned, sec 903.

Or vendor may be sued on warranty, sec 904.

Article supplied to order is warranted to answer order, sec 905.

And so when vendor is specially trusted, sec 906.

Otherwise when purchaser buys on his own judgment, sec 907.

Vendor may be liable for negligence, sec 908.

Express warranty excludes implied, sec 909.

Warranty may be implied from usage, sec 910.

Warranty does not cover depreciation in transit, sec 911.

Provisions sold for domestic use must be fit, sec 912.

Conditions imposed by local law must be complied with, sec 913.

On sale by sample article must conform to sample, sec 914.

Showing sample is not necessarily selling by sample, sec 915.

On sale by sample or description purchaser must have opportunity of inspection, sec 916.

Average correspondence with sample is enough, sec 917.

Warranty may be added to sample, sec 918.

V. Rescission. On non-performance of condition precedent, contract may be rescinded, sec 919.