Roper-Strauss-Ferst Co. v. Carolina Portland Cement Co.

1. In a suit by a seller against the purchaser to recover the purchase price for property delivered to and accepted by the purchaser under the terms of the contract, and also to recover the difference between the contract price and the price brought on the'resale of other property, tendered by the seller and rejected by the purchaser, where it appears from the evidence that the property tendered and rejected was shipped prematurely and before the defendant was bound to receive it under the terms of the contract, and where the evidence authorizes the inference that the defendant waived the…