Foerster v. Faulk-Christian Lumber Co.

Citations

• 99 Miss. 762
• 56 So. 162

Syllabus

<p>Contracts or Sale. Stipulations. Waiver.</p> <p>Where in a contract for the sale of lumber to a buyer employed in exporting lumber, there was a provision that “shipments to the buyer should be made as steamer room for desired ports becomes available.” Held, that this provision was for the benefit of the buyer and could be waived by him, and where so waived the seller was not excused from delivering the lumber by showing that the buyer had not advised him that steamer room had been obtained.</p>