Southern Tie Co. v. G. W. Signor Tie Co.

On April 13, 1916, plaintiff company entered into a contract with defendant company, under the terms of which defendant agreed to sell and plaintiff to buy a minimum of 50,000 white oak cross-ties, at the price of 60 cents per tie, to be delivered by December 1, 1916.

Only 6,523 cross-ties were delivered by defendant to plaintiff prior to December 1, 1916.

Instead of demanding, after that date, the dissolution of the contract with damages, plaintiff elected to continue the same beyond the date fixed in the contract for the delivery of the cross-ties, and accepted 3,603 cross-ties delivered on…