William Alsberg & Co. v. Harper Manufacturing Co.

1. The right of a seller, after a breach of contract of sale by a purchaser, to store and retain the property for the purchaser’s benefit and recover the contract price, as provided in the Civil Code (1910), §4131, is not waived by any abandoned attempt by the seller, before the breach, to comply with this provision of the section.

2. Where the seller in a contract for the sale of goods of a certain quantity and description offers to perform, by an offer to deliver to the purchaser certain goods which the seller has on hand answering the description in the contract, and, upon the purchaser’s…