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DANT & RUSSELL v. GRAYS HARBOR EXPORTATION CO.

No. 21137.

26 F.Supp. 784 (1939)

DANT & RUSSELL, Inc., v. GRAYS HARBOR EXPORTATION CO., Inc.

District Court, W. D. Washington, N. D.

February 8, 1939.

Attorney(s) appearing for the Case

Bayley & Croson, of Seattle, Wash., and Allen H. McCurtain, of Portland, Or., for plaintiff.

McMicken, Rupp & Schweppe and J. Gordon Gose, all of Seattle, Wash., for defendant.

BOWEN, District Judge.

The contracts all contain a strike clause providing that "* * * the seller is not liable for delay or nonshipment or for delay or nondelivery if occasioned by * * * strikes, lockouts, or labor disturbances * * *." But the seller is given an option to make delayed delivery by the following contract provision: "Buyers agree to accept delayed shipment and/or delivery when occasioned by any of the aforementioned causes, if so required by the seller...

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