Prescott & Co. v. J.B. Powles & Co.

193 P. 680 (1920)

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Nature of the Case

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Facts

On January 12, 1918, Appellant ordered 300 crts. of Australian onions at $94 per ton to be shipped to SFO from Australia. From the contract, it appeared that there was only one ship that made that run on a monthly basis and that to comply with the March order of Appellant, the shipment would have to be sent on the S.S. Sonoma. On March 12 Appellant notified his broker that he desired to cancel the order. The cable canceling the order did not reach the shipper until after a partial shipment of onions had been sent. Two hundred and forty crates were shipped as the remainder of space was taken over by the U.S. Government for the purpose of shipping wheat to the U.S. Appellant refused to take delivery of the onions. The goods were sold on his account, and a case was brought to recover the damages. Judgment was rendered against the appellant, and he appealed.