Rosenstein et al. v. Farish Co., Inc., 185 N. Y. Supp. 42; Krulewitch v. National Importing & Trading Co., 195 App. Div. 544, 186 N. Y. Supp. 838.
"If......... .production.......... should be curtailed during the time above named by strikes, lockouts to counteract strikes, shortage of labor, or any casualty or accident or bankruptcy or insolvency,..........deliveries shall be made proportionate to the production."
Compagnie de Trefileires v. F. & C. S. S. Co., 192 App. Div. 709, 183 N. Y. Supp. 169;
"This contract is made subject to conditions of Act of Congress governing B's/L approved February 13,1893, and to terms B's/L in use by steamer's agents including attached War Clause, and is further conditional upon the continuance of the steamship company's services and the sailing of its steamer and if at any time in the judgment of the steamship company conditions of war hostility actual or threatened as such to make it unsafe or imprudent for its vessels to sail, the sailing of any vessel or vessels may be postponed or cancelled and in that event the steamship company may at its option, cancel this contract and shall be relieved thereafter from any liability hereunder except the return to the shippers whatever cargo may have been already received under this contract.
"When and so long as a state of war exists between any two European powers, the ship owners and/or its agents and/or the master may at any time either before or after the commencement of the voyage, abandon the voyage in whole or in part, or alter or vary the proposed or advertised or agreed route, and the ship may before proceeding to port of final destination, proceed to any port or ports on any coast or coasts of Europe and/or of the British Isles, in any order, and whether to discharge and/ or load passengers or cargo consigned to or from any such port or ports, or for any other purpose whatsoever, and neither the shipper nor the consignee nor the holder of the Bill of Lading shall have any slaim against the ship-owner or his agents, or the master for any loss or damage which he may sustain directly or indirectly by reason of any of the matters herein provided for or by reason of any damage to or diminution in value of the goods in consequence thereof."
Producers' Coke Co. v. M'Keefrey Iron Co., 267 Fed. 22, 23.
In case of strike or combination of workmen, accidents or any other cause or causes unavoidable or beyond their control, causing a stoppage or partial stoppage of the works of either the producer or of the consumer of the coke hereby contracted for, or unavoidable delay in shipment, delivery of material hereby contracted for may be partially or wholly suspended (as the case maybe) during the continuance of such interruption; such suspension, however, shall not in any wise invalidate this contract, but on resumption of work the delivery shall be continued at the specified rate, and no liability shall be incurred by either buyer or seller for damages resulting from such suspension of shipments.
It is understood and agreed that if there should be a shortage of cars, shipments shall be divided from time to time in fair proportion on all orders.
Del., L. & W. R. R. Co. v. Bowns et al, 58 N. Y. 573.
"Every effort will be made by the company for the fulfillment of its contracts for the delivery of coal; but if at any time the business of the company is so interrupted by storms, floods, breaks, accidents, combinations, turnouts, strikes among miners, or other employees, or by any other occurrence whatsoever, as to materially decrease the quantity of coal which the company would otherwise have been able to obtain and deliver at Elizabethport, during the month in which the coal now sold is deliverable, the company will not hold itself liable for, or pay any damages sustained by reason of the non-delivery of the coal now sold, or of any portion thereof, although a portion of the coal that is received at Elizabethport during said month, may, in the usual course of the company's coal sales and business, be disposed of otherwise than in the fulfillment of the contracts made by this sale; nor will the company, in case the coal now sold is not delivered, undertake a pro rata distribution among the respective purchasers of what is delivered; but in all cases of nondelivery from any of the above causes, the money paid on coal will be promptly refunded,"
Davids Co. v. Hoffman LaRoche Chemical Works, 178 App. Div. 855,166 N. Y. Supp. 179.
"Contingencies beyond our control, fire, strike, accidents to our works or to our stock, or change in tariff, will allow us to cancel this contract or any part of the same at our option.
B. P. Ducas Co. v. Bayer Co., 163 N. Y. Supp. 32, p. 34.
......"Contract includes price guaranty. Terms as usual.
Payable in U. S. Gold coin or in equivalent. Sellers not to be held accountable for delays caused by strikes or for any contingencies beyond their control, or other unavoidable accident such as fire, etc. In case of more than one shipment or delivery each shipment to be considered and treated as a separate sate or contract......"
Cannistraci v. James Cheives & Co., 165 N. T. Supp. 933, p. 934.
"Shipments to be made as soon as practicable after completion of pack. In event of short crop, fires, strikes, accidents, or other causes beyond seller's control, deliveries to be made pro rata with other orders that may be entered at the time of delivery."
DeGraase Paper Co. v. Northern N. Y. Coal Co., 190 App. Div. 227, 179 N. Y. Supp. 788.
"This contract is made subject to strikes, accidents, car supply, or other causes beyond the control of either party. The buyer and seller, recognizing the uncertainty of absolute deliveries, it is hereby mutually acknowledged that the intent of this agreement is not to hold either party for damages accruing through failure to carry out the contract when such failure is due to reasons beyond the control of the party in default, but that the material shall be shipped by the seller and accepted by the buyer as per deliveries specified, so far as the labor, the physical conditions existing at the plants of the buyer and seller, respectively, and the ability of transportation companies will permit."