Williston - Section 1968; also Sections 1931-1979. Columbia Law Review, November, 1920, Vol. 20, No. 7, p. 776; Sparks v Brown, Inc., 184 N. Y. Supp. 557.
"Sellers are not liable for any default or delay caused by any contingency beyond their control, of the control of their supplier or manufacturer, with whom they contract to cover this sale, or the manufacturer who is to furnish these goods, preventing or interfering with sellers making delivery, including war, restraints affecting shipping or credit, strike, lockout, accident, nonarrival or delay of steamer or carrier, floods, droughts, short or reduced supply of fuel or raw material, or excessive cost thereof, or of production over contracts basis, and other contingency affecting sellers or such suppliers or manufacturers, as to manufacture or supply or delivery, to or from sellers; subject also to force majeure conditions in contract or such suppliers or manufacturers. Sellers may deliver ratably with reference to all their customers and also their contracts with suppliers or manufacturers. Any delivery not made for any reason stated may be canceled at sellers' option."