Prescott & Co. v. J. B. Powles & Co.

Citations

• 113 Wash. 177
• 193 P. 680
• 1920 Wash. LEXIS 822

Syllabus

<p>Sales (10,25) — Contracts—Order for Goods — Acceptance—Construction. In an order for Australian onions taken by a broker, without authority to bind the absent seller, the words “acceptance Australia,” has reference to the seller’s acceptance of the order, and not to the buyer’s acceptance of the goods, especially where the goods were consigned by the seller to itself, retaining title and control.</p> <p>Same .(72) — Performance of Contract — Partial Delivery — Refusal to Accept. The delivery of goods under an executory contract of sale must be of the exact quantity ordered, or the buyer may refuse to accept them. \\</p> <p>Same (77) — Partial Delivery — Excuse for Default. The fact that the United States as a war measure commandeered the only available shipping space necessary for the seller of Australian onions to ship in time the full quantity of onions ordered, does not excuse the seller for his default in delivering the entire quantity, nor render the buyer liable for the part offered, where he refused to accept the same.</p>