American Steel Hoop Co. v. Searles

Citations

• 93 Miss. 1
• 46 So. 411

Syllabus

<p>Sales. Future delivery. Delays. Strikes. Attachments in chancery. Equity pleadings. Harmless error. Short-weight goods. Acceptance and use of.</p> <p>Under a contract for the sale of goods to he delivered at a designated future time, by the terms of which the seller was exempted from liability for delay in delivery in case of strikes:</p> <p>(a) A bill in equity predicated of a failure by the seller to make prompt delivery is demurrable if it do not aver that the delay was not caused by a strike; but</p> <p>(B) Should the defendant, failing to demur, answer that the delay was caused by a strike, and the evidence show that it was not so caused, a decree in plaintiffs favor will not be reversed because of the defect in the bill; and</p> <p>(c) Where the seller was ready to make delivery at the time specified but, at the request of the buyer, agreed for a consideration to carry the goods over for a month, at the end of which time, because of a strike by manufacturing, not transporting, operatives;. he was unable to make delivery; the failure is not excused by the' strike exception to the contract; and</p> <p>(d) The acceptance and use by the buyer of short-weight goods delivered by the seller, bar a recovery of damages for the failure of the goods to be of the weight spcified in the contract, although the buyer before accepting and using them notified the seller that they were rejected and held subject to his order.</p>