Seller's Late Delivery Does Not Automatically Permit Buyer Cancellation Absent Express Stipulation

A contract for the sale of goods stipulated a delivery deadline, but the seller failed to meet it; the buyer subsequently sought to cancel the sale, claiming the delay constituted a material breach, while the seller argued that the delivery term was not essential and that the buyer had waived the timely delivery by not explicitly reserving the right to cancel upon late delivery. The court upheld the lower court's decision rejecting the cancellation, reasoning that unless expressly stipulated as essential or unless the delay fundamentally alters the nature of the performance, a late delivery does not automatically permit unilateral cancellation; the delay must be substantial enough to constitute a fundamental breach of the contract's purpose, and in this case, the buyer had not timely objected in a manner that made the deadline peremptory.