Welty v. Parry

Citations

• 65 Pa. Super. 553
• 1917 Pa. Super. LEXIS 41

Syllabus

<p>Contract — Sale—Failure to deliver goods — Purchase of other goods on the marlcet — Written contract — Shortage of cars.</p> <p>Where purchasers of lumber notify the sellers that deliveries are being delayed in violation of a contract, and notify the sellers that if the goods are not delivered by a date stated, they will go into the market and buy similar lumber and charge the sellers with the difference in price, and the sellers respond that they will make no further delivery, the purchasers may immediately purchase other lumber without waiting for the expiration of the time mentioned in their letter.</p> <p>In such a ease the test of the question of market value is the price at the place where the sellers engaged to deliver the lumber.</p> <p>Where the contract of sale in such a case was in writing, testimony on the part of the sellers to show what passed prior to the making of the contract, and any conditions attached to the contract, is properly excluded.</p> <p>Where a shortage of cars is set up as an excuse for the nondelivery of goods and counsel of both parties concede that such shortage had to be general, the refusal of the court to allow proof of local shortage is not reversible error.</p>