W. H. Edgar & Son v. Grocers' Wholesale Co.

SYMES, District Judge.

Counsel for defendant in error insist in their petition for a rehearing that the court should have given a definite meaning to the words “causes which render performance commercially impracticable,” found in the contract for the sale and purchase of the sugar. Those words occur in the sentence reading this way: “All contracts subject to strikes, fires, transportation and business conditions and other extraneous causes which render performance commercially impracticable.” For these reasons it did not seem to us necessary to do so: (1) It'did not appear from the, evidence…