Sec 896

In mercantile obligations, " month," by the custom of merchants, means "calendar" month.9 In other contracts, it is held in England, that "'months' denote at law 'lunar months' unless there is admissible evidence of an intention in the parties using the word to denote 'calendar month.' "1 In this country the practice is to take calendar months as the standard in all cases.2 In Eugland evidence of custom that the word is used as a calendar month has been held admissible when business contracts are litigated.3 - In construing acts of parliament "month" is held, at common law, to mean "lunar" month unless the context shows a calendar month was meant;4 though by stat. 13 Vict. c. 21, it is enacted that " in all acts the word 'month' shall be taken to mean 'calendar month." And in this country, in legal proceedings, the latter meaning is generally attached.5 1 Pngh V. Leeds, 2 Cowp. 714; Bige-low V. Wilson, 1 Pick. 485.

2 Wilkinson V. Gaston, 9 Q. B. 137. 3 Pellew V. Wonford, 9 B. & C. 134. 4 Leake, 2d ed. 842; Young V. Higgon, 6 M. & W. 49; Freeman V. Read, 4 B. & S. 174. As to notice as a condition precedent, see supra, sec 567 et seq. That the day of the performance of a particular condition precedent is to be excluded from the calculation, see cases cited above, and Blake V. Crowinshield, 9 N. H. 304; Bigelow V. Wilson, 1 Pick. 485; Wiggin V. Peter, 1 Met. 127; Weeks V. Hull, 19 Conn. 376; Cornell V. Moulton, 3 Denio, 12; Bissell V. Bissell, 11 Barb. 96; Thomas V. Afflick, 16 Penn. St. 14.

5 Webb V. Fairmaner, 3 M. & W. 473; Weeks V. Hull, 19 Conn. 376; Judd V. Fulton, 10 Barb. 117; Bissell V. Bissell, 11 Barb. 96; Cornell V. Moulton, 3 Denio, 12; Thomas V. Afflick, 16 Penn. St. 14.

6 Isaacs V. Ins. Co., L. R. 5 Ex. 296. 7 Atkyns V. Ins. Co., 5 Met. 439.

8 Rankin V. Woodworth, 3 P. & W. 48; see Miller V. Phillips, 31 Penn. St. 221. The court of exchequer was equally divided, in Coddington V. Pale-ologo, L. R. 2 Ex. 193, on the question whether, on a contract for the delivery of goods, "delivering on April 17th, complete 8th May," the vendor was required to begin the delivery on April 17th. See Newby V. Rogers, 40 Ind. 9. That when a particular time is allotted, the whole time is to be given, see supra, sec 884-5.

9 Beuj. on Sales, 3d Am. ed. sec 684; Leake, 2d ed. 844; Hart V. Middleton, 2 C. & K. 9; Lang V. Gale, 1 M. & S. 111; R. V. Chawton, 1 Q. B. 250; Webb V. Fairmaner, 3 M. & W. 473; Churchill V. Bk., 19 Pick. 532; Leffing-well V. White, 1 John. Ca. 99; Thomas V. Shoemaker, 6 Watts & S. 179.

Sec 897

When the time for the performance of a contract falls on a Sunday, the performance may be tendered on the next Monday.6 The same rule is applicable to payments on policies of insurance.7 A tender, also, when due on Sunday, may be made on Monday.8 But if a contract is to be performed in a certain number of days, and this number includes Sundays, they are to be counted in as making up the aggregate; though if the contract matures on a Sunday, the next day is to be that in which the performance is to be exacted.1 On the other hand, when negotiable paper becomes due on Sunday, the demand should be on the prior Saturday.2 "If the last day of grace is on Sunday, the note is payable and the grace expires on the preceding Saturday. And if two holidays should succeed each other, as Sunday on the 24th of December, and Christmas on the 25th of December, the note would be due and payable on the preceding Saturday, the 23d of December."3

"Month" in mercantile contracts means "calendar" month.

When time falls on Sunday delivery may be on next day.

1 Per cur. Simpson V. Margitson, 11 Q. B. 23. To same effect see Lang V. Gale, 1 M. & S. 111; Cockell V. Gray, 3 B. & B. 186; R. V. Chawton, 1 Q. B. 247; Hutton V. Brown, 45 L. T. N. S. 343. Thus "month" has been held to mean "lunar month" in an agreement for the hire of furniture at a weekly rental, provided that the first payment should be made on the following Monday, and the succeeding payments on each succeeding Monday, "the said letting on hire to be for the term of twenty-six months from the date of the first payment herein mentioned." Hutton V. Brown ut supra.

2 Story on Bills, sec 143, 330; Story on Contracts, sec 1328, citing 4 Kent's Com. Lect. 56, p. 95; Hunt V. Holden, 2 Mass. 170; Avery V. Pixley, 4 Mass. 460. "In popular language four weeks are called a month, being nearly the length of the lunar month; a calendar month consists of 28, 29, 30, or 31 days, as the month stands in the calendars or almanacs." Webster's Dict. tit. "Month.".

3 Leake, 2d ed. 844; Simpson V. Margitson, 11 Q. B. 23; Jolly V. Young, 1 Esp. 186; Cockell V. Gray, 3 B. & B. 186; Webb V. Fairmaner, 3 M. & W. 476.

4 Crooke V. M'Tavish, 1 Bing. 307. 5 Churchill V. Bank, 19 Pick. 532.

6 Stebbins V. Leowolf, 3 Cush. 137; Hammond V. Ins. Co., 10 Gray, 306; Avery V. Stewart, 2 Conn. 69; Sands V. Lyon, 18 Conn. 18; Delamater V. Miller, 1 Cow. 75; Salter V. Burt, 20 Wend. 205; Bass V. White, 65 N. Y. 565; Barrett V. Allen, 10 Ohio, 426.

7 Hammond V. Ins. Co., 10 Gray, 306.

8 Barrett V. Allen, 10 Ohio, 426.