Sussman v. Gustav

Citations

• 109 Wash. 459
• 186 P. 882
• 1920 Wash. LEXIS 903

Syllabus

<p>Sales (33)—Construction—Transportation—Procuring Cars. The purchaser of junk to be delivered f. o. b. Seattle is under no obligation to furnish the cars, even if he later offered to assist in obtaining them.</p> <p>Same (67)—Delivery—Demand. Upon a sale of junk f. o. b. Seattle, the seller is bound to load the cars within a reasonable time, without any demand by the buyer.</p> <p>Same (36)—Time op Payment—Tender. Upon a sale of junk f. o. b. cars, delivery and payment are simultaneous acts, and the buyer need not tender or pay the price before the cars are loaded.</p> <p>Same (151)—Actions (29)—Defenses — Premature Action. An action for breach of a contract to sell and deliver junk f. o. b. cars, commenced ten days after tender of the price, is not premature, where the seller, after long delays, still refused to fix any time for delivery.</p> <p>Sales (9, 28)—Option. An option to purchase, once accepted, becomes a binding contract.</p> <p>Sales (151)-—Actions—Defenses—Tender. A buyer of junk, . having waited a year for delivery, is not obligated to accept a tender after bringing suit for damages.</p>