Stokes v. Baars

Citations

• 18 Fla. 656

Syllabus

<p>1. A contract to deliver a certain quantity of timber at so mucli per foot, to be inspected, and to be delivered “as fast as water will permit, and to be completed not later than June 15, 1880, payment cash on handling specifications,” is an entire and not a severable agreement.</p> <p>3. On, delivery of a portion of such, timber, duly inspected., the purchaser refuses to pay the full, price but deducts $300, being the amount of a draft previously drawn on him by the seller^ which the '' purchaser falsely says he has paid, on the faith of which statement ,1 - delivery was made, and the $300 remains unpaid. This is nota . •. compliance by the purchaser, and is, such a breach of the contract that the seller may refuse further delivery under it.</p> <p>8. After such breach, (the purchaser having assigned the agreement for the benefit of his creditors) the assignor in his own right, or for his ': ' assignees, cannot recover damages for subsequent non-delivery to : him. , , ,</p> <p>4. The assignee of such a contract takes it subject to all defences available against the assignor.</p> <p>5. The purchaser of a certain quantity of timber under a contract to pay for it on delivery, from time to time, by becoming insolvent and making an assignment for the benefit of creditors, is disabled to perform, and thenceforth neither he nor his assignees can claim damages for future non-delivery to the assignees, with whom the seller did not contract.</p> <p>6. In a declaration in a suit by the purchaser against the seller for breach of a contract by the seller who engages to deliver 3,500 pieces of timber “ as fast as water wrill permit, and to be completed not later than the 15th of June,” it is essential to allege that the water was such as to permit the delivery, this being evidently a condition of the contract to deliver.</p> <p>7. A demurrer by a plaintiff to a plea of the defendant roaches essential defects in the declaration, and if that be defective the demurrer to the ple