Tacoma Savings Bank & Trust Co. v. Herren

Citations

• 104 Wash. 437
• 176 P. 543
• 1918 Wash. LEXIS 1195

Syllabus

<p>Sales (29) — Construction oe Contract — Subject-Matter—“Surplus” Hops. A contract to purchase 40,000 lbs. of hops, more or less, being all the “surplus hops grown on” specified yards, after delivery of 22,000 lbs. previously contracted to the buyer and 20,000 lbs. contracted to a third person, does not include any of the hops contracted to such third person; and the seller cannot repurchase from such third person and offer the same, on failure of the crop to produce the 40,000 lbs., more or less, in contemplation at the time of the sale.</p>