Andersen, Meyer & Co. v. Northwest Trading Co.

Citations

• 115 Wash. 37
• 196 P. 630
• 1921 Wash. LEXIS 698

Syllabus

<p>Sales (34)—Construction—Place of Delivery. A preliminary contract by cable and correspondence for the sale and export of steel rails, “shipment per steamer during September-Oetober” must be considered as modified where the final contract entered into provided for shipment in September and October, omitting “by steamer”, and contained the further provision that the sale was “C. I. F,”, under which the seller fulfilled all obligations by delivery to a carrier in the interior of the United States during September and October, and forwarding bill of lading with policy of insurance, etc.</p> <p>Same (71)—Performance of Contract—Delivery to or Through Carrier. A provision in' a contract for the sale and export of steel rails requiring shipment by steamer in September or October is waived, when the buyer failed to make the banking arrangements called for in the contract, and honored the drafts on receipt of the bills of lading, insurance policy and invoices, without waiting to determine whether shipment was to be made by steamer in September and October.</p>