Netzel

In the instant matter it appears that by virtue of a memorandum contract entered into between the parties hereto it was agreed that, for a consideration of the sum of $3,250, plaintiffs would supply the necessary labor and materials for installing in the home of defendant certain draperies and furnishings. Prior to, at, as well as immediately after, the time when the memorandum of contract was signed by the parties, it was understood between them that the entire work was to be completed not later than three weeks from the date of the contract, and that for seemingly important reasons, time was made the essence of such agreement. As a matter of fact, the draperies and furnishings were never completely installed by plaintiffs in the home of defendant. In that connection the evidence showed that frequently from time to time before the three weeks’ period from the date of the contract had expired, defendant requested of plaintiffs that the draperies and furnishings be installed within the time limit which had been agreed upon; but that instead of complying with the condition of the contract in that regard, plaintiffs delayed the matter for a period of about two months before the…