U.S. Supreme Court
Jones v. United States, 96 U.S. 24 (1877)
Jones v. United States
96 U.S. 24
1. In an executory contract for the manufacture of goods and their delivery on a specified day, no right of property passes to the vendee, and, time being of the essence of the contract, he is not bound to accept and pay for them unless they are delivered or tendered on that day.
2. The court below having found that the goods had not been delivered or tendered at the stipulated time nor an extension of time for the performance of the contract granted, and there being nothing in the case to warrant the contractor in assuming that any indulgence would be allowed, the United States was not estopped from setting up that when the goods were tendered the contract was at an end.
The facts are stated in the opinion of the Court.