Seller's Failure to Meet Delivery Deadline Justifies Contract Termination

A contract stipulated that a seller was to deliver a certain quantity of a product by a specified date, with the buyer having the right to terminate the contract if delivery was not met by that date; when the seller failed to meet the deadline, the buyer declared the contract void and demanded the return of the deposit paid, but the seller argued that the buyer's demand for timely performance was not explicitly stated as an essential condition of the contract, meaning the delay did not automatically justify termination. The court rejected the seller's appeal, holding that when a deadline is set for delivery in a sales agreement, unless otherwise specified, the obligation to perform by that date is understood as essential, and failure to meet this deadline entitles the other party to seek termination of the contract.