
    No. 962
    MIDWEST CO. v. ELECTRIC CO.
    No. 20049.
    Supreme Court
    On motion to certify.
    Dock. Aug. 6, 1926;
    4 Abs. 541.
    297. CONTRACTS — Is time the essence of a sale contract, as under the common l¿w rule, in absence of modification by sales code?
    Note — OA. opinion will be found in 4 Abs. 698.
    Attorneys — Mattern, Brumbaugh & Mattern for Midwest Co-.; all of Dayton.
   The Midwest Co. contends in the Supreme Court that stating time of delivery in sales contract does not make time the essence of the contract, and that the Common Law rule is not applicable, even though such rule is not modified by sales code.  