Portland Ice Co. v. Connor

Citations

• 24 Pa. Super. 493
• 1904 Pa. Super. LEXIS 220

Syllabus

<p>Contract — Sale—Payment—Course of business — Rescission.</p> <p>Where, under a contract for the sale of a large quantity of ice, to be shipped as ordered, payments to be made weekly, payments are not made weekly, and this has continued for a year or more with the assent of the seller, the latter cannot, in view of the previous course of dealing, make a sudden, unconditional and absolute rescission, the purchaser being solvent, and not having wilfully refused to pay bills overdue. In such a case notice of the seller’s intention to insist on a strict and literal compliance with the terms of the contract as to future bills should precede rescission</p>