Ranney-Davis Mercantile Co. v. Shawano Canning Co.

Citations

• 111 Kan. 68
• 206 P. 337
• 1922 Kan. LEXIS 175

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — To Furnish Retail Merchant Canned Beans and Beets — Shortage of Crops — Interpretation of Contract. The following provision of a contract to furnish a quantity of canned beans and beets is, held to mean by fair implication that the produce referred to is to be raised by the seller directly or through growers under contract with him, and that in case of a shortage of such crop from causes beyond his control he is not required to buy other produce to fill the order:</p> <p>“The seller agrees to plant sufficient acreage to cover all goods sold for delivery during the. coming season and to use every effort to insure full delivery. If, however, on account of the shortage of crops, or other causes beyond the control of the seller it is unable to deliver the full amount herein named, it is agreed that the buyer will accept a pro rata delivery with other purchasers, of all grades of goods covered by this contract, without claim for damages.”</p> <p>2. Same — Shortage of Crops — Privilege of Prorrata Delivery — Interpretation of Contract. Where by the terms of a contract to furnish articles the seller is entitled to make a pro rata delivery among its customers, one of them has no ground of complaint because distribution is made in a different proportion among others, except so far as he is thereby prejudiced.</p> <p>3. Same. Where in a contract for furnishing canned produce the buyer agrees in the event of a shortage in the seller’s crops to accept a pro rata delivery with other purchasers the operation of this provision is not affected by the fact that the seller is liable to some of his customers for a failure to make a full delivery.</p> <p>4. Same. Where such a contract has been made, if the seller, after his crop has been injured, agrees to make deliveries to new customers the fact is to be taken into account in determining whether he contracted for a larger delivery than reasonable expectations warranted.</p> <p>5. Same —