Babcock Lumber Co. v. Creasy

Citations

• 70 Pa. Super. 42
• 1918 Pa. Super. LEXIS 164

Syllabus

<p>Contract — Bale—Failure to deliver — Damages.</p> <p>Where a purchaser of lumber resells it to a contractor for a bridge, and is himself under bond to deliver the lumber within a certain time, and this is known to the seller who delays deliveries to the injury of the contractor, the purchaser cannot in an action against him by the seller for the balance of the purchase-money, set off a sum of money which he had voluntarily paid the contractor in settlement of his differences with him caused by the delay.</p> <p>In such a case where the purchaser makes constant demands upon the seller to complete delivery, but continues to accept the delayed deliveries without cancelling the contract, he cannot set off expenses incurred, before the actual cancellation of the contract, in' traveling to lumber centers, in the attempt to find out where he could get lumber to take the place of that which the seller had failed to furnish. The course for the purchaser to pursue was either to cancel the contract and buy in the open market, or to continue to recognize the contract and recover the loss occasioned by the delay.</p>