Adams v. Ames

Citations

• 19 Wash. 425
• 53 P. 546
• 1898 Wash. LEXIS 402

Syllabus

<p>■SALES — FAILURE TO EXECUTE CONTRACT — PREVENTION BY ACT OF GOD.</p> <p>In an action to recover the value of a quantity of oafs which the owner had agreed, by executory contract, to sell plaintiff, the oats to be removed within a specified time, “ wind, tide and other acts of God permitting,” the plaintiff should be non-suited when it -appears from the testimony that the plaintiff was prevented on but one occasion from removing the oat-s by the act of God, and there is no showing that the act of -God intervened to prevent removal during the whole time of the life of the contract.</p>