Oglesby Grocery Co. v. Puyallup & Sumner Fruit Growers Canning Co.

1. A provision in a contract for .the sale of personalty, whereby the seller is obligated to make shipment of certain designated and described preserved fruits in definite quantities “ during or soon as possible after pack of 1920,” is sufficiently certain and definite of *791ascertainment as to the time of shipment to be capable of enforcement. How soon it would be possible to make such shipment after the pack of 1920 is a question of fact, capable of being established by evidence. A further stipulation in the same contract, by which the seller reserves the right, “ owing to the uncertainty of…