Price v. Beach

Citations

• 20 Pa. Super. 291
• 1902 Pa. Super. LEXIS 226

Syllabus

<p>Contract — Sale—Time—Waiver.</p> <p>Where the parties to a contract of sale have dealt with the subject-matter of the contract without manifesting any intention to hold each other to a strict compliance with the provisions as to time of performance, they place themselves in a position from which neither can be permitted to recede and rescind the contract wilhout warning to the other and a reasonable opportunity to perform.</p> <p>Where a contract for the sale of hay provides that the purchaser shall furnish cars, and the hay is not delivered at the time mentioned in the contract, and the delay is the fault of both parties, and subsequently the seller notifies the plaintiff of his absolute refusal to deliver the hay, and there? after sells it to another party, the purchaser is not required to do a useless thing and tender cars to receive the hay which the seller had absolutely refused to deliver.</p> <p>Contract — Sale—Evidence—Declaration.</p> <p>Where a seller who has waived the time provided by a contract of sale notifies the purchaser that he will not deliver the goods, he cannot thereafter manufacture testimony for himself by declaring to other parties that he did intend to make the delivery according to his contract.</p>