Herzfeld v. Southern Saw Mill Co.

(After stating the foregoing facts.) It is-the contention of counsel for defendant in error that “there never was any refusal by the buyer to take and pay for the goods; that under the contract the buj^er had the right to request a cancellation, and this would not amount to a breach; that the seller distinctly avers that the goods were manufactured and ready for delivery under the contract before the buyer requested a cancellation, and at that time the seller had as a part of the contract its positive shipping instructions;” that “under these-circumstances he could not fail or refuse to carry…