This section contains the nature of the case and procedural background.

D ordered goods from P for delivery upon a specified date. P failed to make the delivery by one day, and D refused the shipment. P sued D. The trial court ruled that time was of the essence in the contract but that the contract term was ambiguous with respect to the time and the jury might well have found it to mean delivery on or about the time of November 15. P prevailed, and D appealed.

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