Legal Memorandum: Time for Performance of the Contract in MN

Issue: Under Minnesota law, absent a time for performance in the contract, how much time does a party have to perform a contract?

Area of Law: Business Organizations & Contracts
Keywords: Time for performance; Reasonable time; Contract
Jurisdiction: Minnesota
Cited Cases: 101 N.W. 792
Cited Statutes: None
Date: 03/01/2014

The general rule is that when a contract is silent and no time for performance is specified, performance must be within a reasonable time.  Hill v. Okay Constr. Co. Inc., 352 N.W.2d 107, 114 (Minn. 1977).  “What constitutes a reasonable time depends on the act to be done, the nature of the contract, and all related circumstances.”  Tingue v. Patch, 101 N.W. 792, 794 (1904).  Thus, the question is one of fact or mixed law and fact for the fact-finder.  Bly v. Bublitz, 464 N.W.2d 531, 535 (Minn. Ct. App. 1990).


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