Prescott & Co. v. J.B. Powles & Co.
Facts: Powles bought 300 crates of onions to be shipped to
Issue: Can the seller be excused from full performance because the government commandeered shipping space for wheat?
Rule: The buyer has the right to refuse the goods if they arenít delivered in the exact amount agreed upon.
Analysis: The court is reluctant, but feels that it must lay down this hard-edged rule which will cause some hardship to the seller.† The court notes that even though the seller could have used the governmentís actions as a defense if they had been sued by the buyer, they canít use that action as an excuse when they are suing the buyer on the contract and trying to get recovery for full performance.
Conclusion: The trial court is overturned and the sellerís suit is dismissed.