Wayne Pump Co. v. Harrison

On Rehearing

The contract did not stipulate that delivery would be made to defendant at any certain place or in any certain manner. If plaintiff had in his possession at Andalusia the article taken up at the instance of defendant, there was no provision that plaintiff would do any certain act with reference to it except deliver it to defendant. Defendant could have received delivery at Andalusia, through an agent, so designated, and thereby plaintiff would have discharged' his duty. But defendant did no such act and did not offer to do so. The contract did not require plaintiff to go to the…