Renne v. Volk

*510The following opinion was filed October 20, 1925:

Eschweiler, J.

The contract contained the following provision:

“If the purchaser shall instruct the company not to ship the material, the company may at its option either hold the goods for the purchaser or. deliver the material to a common carrier consigned to the purchaser, and either action on the part of the company shall be considered as full performance of the contract by the company.”

Except for such provision it is clear that under the general rules' of law as well as under the Uniform Sales Act there could be no recovery of the purchase…