Farmers Grain & Supply Co. v. Lemley

Citations

• 105 Wash. 508
• 178 P. 640
• 1919 Wash. LEXIS 609

Syllabus

<p>Sales (77)—Failure to Deliver—Excuse—Breach. Where a contract for the sale of bulk wheat required delivery within a certain time at a specified warehouse, inability of the warehouse to receive it within the time specified does not absolve the seller from making delivery as one of the concurrent acts which he assumed, and he is liable in damages, where he declares the contract at an end and makes no effort to make delivery at any place (Chadwick, C. X, and Tolman, X, dissenting; overruled on rehearing).</p> <p>On Rehearing En Banc.</p> <p>Same (77). Where a contract for the sale of bulk wheat, required delivery within a certain time at a specified warehouse, inability of the warehouse to receive it within the time specified absolves the seller from making delivery and puts an end to the contract, where the buyer, upon notice of the conditions, failed to provide any place where delivery could be made without additional labor or expense on the part of the seller.</p>