Sec 871

When a particular time and place are designated for the performance, the performance must be at that particular time and place.1 If the place alone is designated, the debtor, in undertaking the performance, must select some reasonable time and notify the creditor accordingly. Should the parties meet at the designated place at any time after the maturity of the obligation, the tender may be in time, provided there is nothing that makes it at that time inconvenient.2 If the creditor be notified that the goods are ready for him at the place and time designated by the contract, he cannot recover damages for a breach.3 - A common carrier's contract is to deliver the goods received by him at the place to which they are directed. After tender of the goods at that place, his liability as a carrier ceases.1 - The tender is sufficient if at the designated time and place, though the party to receive did not attend.2 sec 872. When no place of performance is designated in a contract, the place of performance is to be inferred from all the circumstances of the case. Where the principal leaves his business in the hands of a general local agent, then such place of business is to be imputed to the principal,3 though it is necessarily otherwise as to travelling agents.4 When an obligation is assumed by a party at his domicil, then his domicil is the place of performance, unless the obligation otherwise provides.5 Dating is not conclusive as to a particular place; and even as to negotiable paper, evidence, so far as concerns accommodation parties, may be received to show that the place at which the document was dated was not meant to be the real place of performance;6 though it is otherwise as to parties without notice.7 Where the obligation, however, is from the nature of the case to be performed at a particular place, then such place is to be regarded as the place of performance, though not the obligor's domicil.8 The debtor's place of business, also, is to be preferred to his domicil, as the place of performance, when from the facts of the case it appears that the performance is to be at the place of business.9 When there are no indications of a different intention, goods which it is the custom of business to transfer to the purchaser in the place where they are, are to be delivered at the place at which they were at the time of the contract;10 and this is eminently the case with articles which are difficult to move, and as to the place of delivery of which no specific directions are given.1 On the other hand, "if the property is portable, it must be taken to the creditor, and delivered to him or at his residence."2 When mingled with other goods, the property sold should be separated for the purposes of tender.3 A place of business, however, where articles of the character in question are usually stored, and from which they are delivered, may be regarded as the place of delivery;4 though when goods, such as are usually sent to a customer, are to be delivered to him on a specified day, the delivery must be at his residence,5 supposing he appoints no other place for delivery.6 - When a note is payable in specific articles, and no place of payment is fixed, the maker is to seek out the payee, and deliver to him personally, or if they be too heavy to be readily moved, to apply to him to fix a place of delivery.7 When chatties are to be delivered to a party living out of the state, the vendor, if he has no specific directions, and has no prior course of business to guide him, should apply to the purchaser for orders before the goods are forwarded.8 - The rule that a place, when not designated, is to be inferred, is illustrated by a Pennsylvania case in 1880, where it was held that a sale of carpets by the married lessee of a house, to his unmarried brother residing with him, did not necessarily involve a removal of the carpets.9 - Where a contract of apprenticeship contains no provision as to the place where it is to be performed by the master, the place is to be inferred from all the circumstances of the case, and is not limited to the place where the master was at the time of the contract.10

Performance to be in assigned place.

1 Savary V. Goe, 3 Wash. C. C. 140; Savage Man. Co. V. Armstrong, 19 Me. 147; Bates V. Churchill, 32 Me. 31; Newton V. Galbraith, 5 Johns. 119; Goodwin V. Holbrook, 4 Wend. 380; Millard V. Morse, 32 Penn. St. 506.

Whether delivery at the time and place fixed by the contract is good, though the creditor was not present at the time, see Robbins V. Luce, 4 Mass. 874; Brown V. Berry, 14 N. H. 459; contra, Smith V. Loomis, 7 Conn. 110. Where a contract for the sale and delivery of perishable commodities, such as milk, expressly provides that it is to be shipped by the seller to the place of business of the purchaser at the expense of the seller, the place of delivery is the business place of the purchaser, and any loss on the way must fall upon the seller. Devine V. Edwards, 101 Ill. 138. As to tender, see infra, sec 989, 990 et seq.

2 Infra, sec 990; Leake, 2d ed. 851; citing Shepherd's Touch. 136; Co. Lit. 211 a; Cocker V. Hemp Co., 3 Sumn. 530; Howard V. Miner, 20 Me. 325; Adams V. Adams, 26 Ala. 272; and see Savage Man. Co. V. Armstrong, 19 Me. 147.

3 Downer V. Sinclair, 15 Vt. 495; Phelps V. Hubbard, 51 Vt. 489.

Where no place is designated, place of performance to be inferred.

1 Hyde V. NaV. Co., 5 T. R. 389; Shepherd V. R. R., L. R. 3 Ex. 189; Heugh V. R. R., L. R. 5 Ex. 51; and see, generally, Hamilton V. Calhoun, 2 Watts, 130; Ege V. Kauffman, 1 W. & S. 120; Parker V. Jacobs, 14 S. C. 112; infra, sec 990.

2 Infra, sec 990.

3 Wh. Con. of L. sec 405.

4 Ibid. sec 406.

5 Ibid. sec 460. As to tender, see sec 980, 987, 990 et seq.

6 Wh. on EV. sec 979; Wh. Con. of L.