Moran v. Wagner

Citations

• 28 App. D.C. 317
• 1906 U.S. App. LEXIS 5245

Syllabus

<p>Sales; Contracts; Rescission.</p> <p>1. A contract for the sale and purchase of eighteen carloads of oats of a specified grade, 1,400 to 1,500 bushels to the ear, to be shipped two ears per month, as requested during month, is a single or entire contract, the provision as to shipping in different months not having the effect of splitting up the contract into as many contracts as there may be shipments.</p> <p>2. When, under a contract for the sale of a given number of carloads of oats of a specified grade, the seller is to ship a certain number of carloads monthly, the buyer is entitled to rescind the entire contract if any shipment is not of the specified quality, provided: he acts with due diligence; and he does not lose his right to do so by accepting several shipments.</p>