Barber Milling Co. v. Leichthammer Baking Co.

Citations

• 273 Pa. 90
• 116 A. 677
• 27 A.L.R. 1227
• 1922 Pa. LEXIS 524

Syllabus

<p>Contract — Sale—Executory contract — Delivery—Resale — Damages — Repudiation of contract — Notice of intended \breach — \Withdrawal or acceptance.</p> <p>1. Where a purchaser of goods under a contract for future delivery of the same at his own town, repudiates the contract without cause before delivery, and the seller refuses to accept the cancellation, and thereafter ships the goods to the purchaser who refuses to accept them, and the goods are sold by the seller in the nearest available market, the purchaser is liable for the loss due to the fall in the market during the time the goods were in transit, the delay in delivery not being due to the seller.</p> <p>2. In such case the seller was not obliged to sell them in his own town where there was an available market, if the purchaser made no request that this should be done.</p> <p>3. It was the seller’s right to stand on the contract as made, and it was not for the purchaser, who breached the contract, to set up a variance of its terms in respect to delivery, to the other party’s disadvantage.</p> <p>4. A mere notice of an intended breach of a contract, is not of itself a breach of the contract. It may become so if accepted and acted on by the other party. If not accepted it may be withdrawn, at any time before performance is in fact due, and, if the market had been in the purchaser’s favor, any profit on a sale would have gone to the purchaser and not to the seller.</p>