Goodman v. Whiting Lumber Co.

Citations

• 62 Pa. Super. 230
• 1916 Pa. Super. LEXIS 393

Syllabus

<p>Contract — Sale—Unreasonable delivery — Failure to pay on time —Rescission.</p> <p>Where a contract for the sale of lumber provides that shipment shall “begin ten days after receipt of order, and he completed in 'sixty days,” and that payment shall he made in cash “after car arrives and is cheeked up,” if the seller’s failure to deliver is unreasonable and works prejudice to the purchaser, the latter may rescind the contract; and on the other hand, if the purchaser unreasonably refuses to pay for the lumber after a reasonable time to inspect and check it up, the seller may also rescind.</p> <p>Custom — Contract—Writing—Evidence.</p> <p>Where the parties to a contract have expressed it in writing, if there be silence as to a certain feature covered by a custom of trade satisfying every legal requirement, such custom, upon proper proof, may be read into the contract; but where the parties, by the use of plain language have clearly indicated the subject of agreement between themselves, evidence of a custom is not admissible.</p>