Section 48Application for performance on certain day to be at proper time and place

s. 48

48. Application for performance on certain day to be at proper time and place When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation – The question "what is a proper time and place" is, in each particular case, a question of fact.