Dant & Russell, Inc. v. Grays Harbor Exportation Co.

BOWEN, District Judge.

The contracts all contain a strike clause providing that “ * * * the seller is not liable for delay or nonshipment or for delay or nondelivery if occasioned by * * * strikes, lockouts, or labor disturbances * * But the seller is given an option to make delayed delivery by the following contract provision: “Buyers agree to accept delayed shipment and/or delivery when occasioned by any of the aforementioned causes, if so required by the seller, provided the delay does not exceed thirty days.”

The contracts also contain the following language: “The terms of this contract are…