Pitch Pine Lumber Co. v. Geo. E. Wood Lumber Co.

Citations

• 57 Fla. 140

Syllabus

<p>1. When the failure to perform a contract to deliver a large quantity cf lumber is due to the inability of the seller to obtain the lumber, and there is partial delivery under the contract after the time named therein, time is not of the essence of the contract, so that the parties thereto might not by their acts continue its life a reasonable time thereafter.</p> <p>2. A slight delay on the part of the purchaser of lumber to be shipped in large quantities if it constitute a breach of the contract, may be waived for valuable consideration.</p> <p>.3. Mutual exchange of courtesies, binding on neither party, though customary at a port, does not become of binding force upon a contract there made.</p>