Horewitz v. Franklin Foundry Co.

Citations

• 279 Pa. 177
• 123 A. 735
• 1924 Pa. LEXIS 696

Syllabus

<p>Sale — Contract—Future deliveries — Failure to deliver — Misconduct of purchaser.</p> <p>1. Where a contract of sale provides for future deliveries to be completed within a period stated, and the seller endeavors to make deliveries in the manner provided by the contract within the time specified, and is prevented by the buyer’s misconduct, the latter is not thereby relieved from his obligation.</p> <p>2. Where the proofs of the respective parties are partly oral and partly written, the ease is for the jury, under the proper instructions of the court.</p>