W. F. Potts' Son & Co. v. Myers

Citations

• 30 Del. 562
• 7 Boyce 562
• 109 A. 580
• 1919 Del. LEXIS 72

Syllabus

<p>Sales—Nonshipment by Seller no Defense to Action for Breach Where Buyer Has Repudiated.</p> <p>Si» If seller, from information received by it as to buyer's sale of his business and leaving town, was justified in believing that the buyer, by his words, acts, or conduct, had rescinded his contract and would not receive the goods if shipped, it would not be precluded, by its nonshipment of the goods to the .buyer, from recovering for buyer’s breach of contract.</p>