Nelson v. Imperial Trading Co.

Citations

• 69 Wash. 442
• 125 P. 777
• 1912 Wash. LEXIS 930

Syllabus

<p>Sales—Contract—Breach—Delay in Performance. Where an order for two tons of turkeys to arrive at Spokane on November 23d was accepted, the seller is bound to ship the same so that the whole lot will arrive at Spokane during business hours on the 23d; and where they were shipped in two lots so that the first lot could not arrive until the night of the 23d, the buyer is justified in rejecting them.</p> <p>Same—Waiver of Breach. Where two tons of turkeys were ordered to arrive at Spokane on November 23d and they were shipped in two lots so that the first lot could not arrive until the night of the 23d, the buyer did not waive the breach where, upon being notified of the arrival of the first lot, he examined and immediately rejected it, without assigning any special reason.</p>