failure to make delivery
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 241 U.S. 190 - Georgia Florida Alabama Railway Company v. Blish Milling Company · 1916Most cited · 989 citing opinions
Delivery must mean delivery as required by the contract, and the terms of the stipulation are comprehensive,—fully adequate in their literal and natural meaning to cover all cases where the delivery has not been made as required. When the goods have been misdelivered there is as clearly a 'failure to make delivery' as when the goods have been lost or destroyed.
How often courts cite the cases defining “failure to make delivery”
Court decisions citing the 2 opinions that defined “failure to make delivery” — 1,768 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1916–1931
[D]elivery' must mean delivery as required by the contract, and the terms of the stipulation are comprehensive—fully adequate in their literal and natural meaning to cover all cases where the delivery has not been made as required. When the goods have been misdelivered there is as clearly a 'failure to make delivery' as when the goods have been lost or destroyed.