Tallahatchie Lumber Co. v. Cecil Lumber Co.

Citations

• 124 Miss. 897
• 87 So. 449

Syllabus

<p>1. Sales. On shipment of lumber delivery f. o. b. destination, seller held bound to procure cars.</p> <p>Where a contract for the sale of lumber provides that delivery shall be f. o. b. point of destination, and it ife clear from the evidence that the parties construed the contract to require the shipper to furnish cars, the duty is on the seller to procure cars for shipment of the lumber.</p> <p>2. Sales. Seller held not relieved of duty to furnish cars for shipment of lumber by inability to secure them.</p> <p>Where a contract for the sale of lumber is unconditional, and the seller has engaged to.deliver thei lumber f. o. b. point of destination, and to provide cars for that purpose, and has failed to provide against the consequences of a shortage of cars or otner contingency, the seller is not discharged from the duty of performing the contract by reason,of inability to secure cars for the shipment of the lumber.</p> <p>3. Sales. Purchaser’s request to withhold shipment of lumber because of temporary embargo held not to justify immediate cancellation.</p> <p>Where, under d contract for the sale of lumber for export, there has been a delay, of 30 days in the shipment of lumber, and the seller was then requested by wire to withhold shipments for a few days on account of a temporary embargo in the port of shipment, and the seller had certain cars already loaded at the time this request was received, held, that the receipt of this request to withhold shipments for a few days did not justify an immediate cancellation of the contract, and that it was the duty of the seller to notify the purchaser of existing conditions before-diverting the shipments and canceling the order.</p> <p>4. Evidence. In action for breach of contract of sale, buyer’s manager could testify from recollection as to price at which goods resold, although resale contract was in writing.</p> <p>In an action for the breach of a contract for the sale of lumber, a contract of resale of the lumber is