Jackson v. Beers & Davies

Citations

• 14 Cal. 189

Syllabus

<p>B. & D. contracted to furnish G. & S. also defendants, twenty-five thousand gallons turpentine, to he distilled by the latter. The contract was to end April 1st, 1857. B. & D. were not bound to deliver all the turpentine at once, nor any given quantity per day. Damages for non-delivery of turpentine fixed at three thousand seven hundred and fifty dollars, or fifteen cents per gallon. For accident to distillery, reasonable time to be allowed G. & S. for repairs. Distillery burned last of January, 1857, requiring eighteen days to rebuild. In January and March, 1857, G. & S. respectively assigned their interest in the contract to plaintiff. Held, that the benefit of the suspension of the works by the fire, inured to B. & D. as well as to G. & 8.; that the time for performance of the contract was extended for the eighteen days; that, up to April 18th, 1857, G. & S. would be bound to receive turpentine; and, even if the assignment before this time did not put it out of their power to comply with their contract, at least, the assignee could not sue before the expiration of the extended time.</p>