Harris v. Texas Co.

1. Where, after a seller under an executory contract of sale has breached tlie contract by a refusal to deliver the goods at the contract price, the purchaser buys the goods from the seller at a higher price demanded, the purchaser does not thereby waive the seller’s breach of the contract, if the purchaser is unable to purchase goods of a similar character elsewhere at the contract price; and where, if the purchaser fails to purchase goods of the seller, the seller may, by the terms of another contract between him arid the purchaser, cancel the latter contract to the detriment of the…