Section 48:
Application for performance on certain day to be at proper time and place.
When a
promise is to be performed on a certain day, and the promisor has not undertaken to perform it without
application by the promisee, it is the duty of the, promisee to apply for performance at a proper place and
within the usual hours of business.
Explanation.—The question "what is a proper time and place" is, in each particular case, a question
of fact.