Jones-Scott Co. v. Ellensburg Milling Co.

Citations

• 116 Wash. 266
• 199 P. 238
• 1921 Wash. LEXIS 818

Syllabus

<p>Contracts (40)—Validity—Statutes—Lever Act. The Lever Pood Control Act fixing a minimum price for wheat is not a prohibition against sales at a price in excess thereof. .</p> <p>Sales (68)—Delivery—Tender or Offer—Necessity. Where a purchaser of wheat directed the seller not to make the first shipment at the time provided in the contract of sale, a delivery or tender of delivery, of the wheat was not a condition precedent- to a right of action for damages for repudiation of the contract by the purchaser.</p> <p>Samé (143)—Remedy of Seller—Actions—Measure of Damages. The measure of damages for breach of contract to deliver a quantity of wheat, .where no definite time was fixed for-delivery, is the difference between the contract price and the market price at the date of the demand and refusal of performance.</p>