Duff v. Peoria Grape Sugar Co.

Citations

• 178 Pa. 471
• 35 A. 1134
• 1896 Pa. LEXIS 1193

Syllabus

<p>Contract — Agreement to deliver goods — Stipulation as to strikes.</p> <p>Defendant agreed in writing to deliver a large quantity of glucose by equal weekly shipments during April and May, 1894. The contract contained the following clause: “ Provided, that if we are obliged to suspend manufacturing, or are in any way prevented from delivering any portion of said goods by reason of fire or accident in our factory, or any strike, we shall not be liable to you in damages for nondelivery of such portion of the goods ordered.” On May 1, a coal strike began throughout the whole coal region from which the defendant could procure coal, and continued until the last of June. During this period defendant was “ obliged to suspend manufacturing.” A correspondence arose between the parties, and on May 10 defendant wrote “We will fill all orders just as soon as we can get fuel to start up with which we hope wall be sometime next week.” On May 12, plaintiffs replied,“ Although your letter of the 10th. is not a direct reply to ours of the 9th, yet we are glad to see that it is your intention to fill all orders as soon as you can get fuel to start up with. We will be glad to have prompt advice of your ability to make shipment.” On July 2, defendant wrote plaintiffs that it thought it best to cancel plaintiffs’ order. Bold, (1) that the strike of the coal miners was such a strike as under the terms of the contract would excuse performance on the part of the defendant; (2) that the correspondence between the parties did not modify the agreement and extend the time of performance.</p>