This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
One who agrees to deliver goods to a common carrier for another, performs so as to discharge himself from liability if he delivers such goods in accordance with the terms of the contract without regard to the actual receipt of such goods by the party to whom they are consigned.1 A common carrier who contracts only to deliver to the next carrier discharges its liability by so doing, no matter what the fate of the goods shipped.2 The consignor may, however, under such circumstances, be liable for his own negligence or improper conduct,3 such as failing to secure liability on the part of the carrier for the full valuation of the goods.4 If one party agrees to pay money to a third person for the use of the adversary party,5 or to deposit money in a specified bank,6 and he does what he agrees to do, he is discharged from liability even if the adversary party is unable to enforce payment from such third person or such bank. Under a contract by which A agrees to manufacture certain goods for B, to store them and to ship them in certain instalments, the goods to be delivered f. o. b. at A's station, the title passed to B when A had completed the entire amount of the product contracted for and had placed it in the cold-storage plant. From that time the risk of loss was Bs in the event of the destruction of the property.7 The fact that the purchase of the good will of a business does not prove financially advantageous to the buyer, does not discharge his duty to pay the purchase money in accordance with the terms of the contract.8 One who agrees to bring an action and does so discharges his liability, although a hearing on the merits is delayed longer than was expected.9 One who agrees to apply for certain lands to the board of land commissioners and who does so, is discharged, although his application is rejected and he takes no appeal, if none was contracted for.10 If the tenant of a building grants permission to erect a bootblack stand on a sidewalk at the risk on the part of the occupant of the danger of removal by the city, the tenant is not liable in damages to such occupant if the city compels the removal of such stand.11
1 Gottlieb v. Rinaldo, 78 Ark. 123, 6 L. R. A. (N.S.) 273, 93 S. W. 750; Thompson-McDonald Lumber Co. v. Morawetz, 127 Minn. 277, L. R. A. 1915E, 302, 149 N. W. 300.
2 Courteen v. Kanawha Dispatch, 110 Wis. 610, 55 L. R. A. 182, 86 N. W. 176.
3 Miller v. Harvey, 221 N. Y. 54, L. R. A. 1917F, 559, 116 N E. 781.
4 Miller v. Harvey, 221 X. Y. 54. L. R. A. 1917F, 559, 116 N. E. 781.
5 Knoch v. Bernuth, 145 N. Y. 643, 40 N. E. 398.
6 Perkins v. Bank, 17 Wash. 100, 49 Pac. 241.
7 Stewart v. Henningsen Produce Co., 88 Kan. 521, 50 L. R. A. (N.S.) 111, 129 Pac. 181.
8 Ferris v. Pett, - R. I. - , 2 A. L. R. 768, 105 Atl. 369.
9 Wallace v. Williams (Tenn.), 69 S. W. 267. (A contract by lessor with lessee to bring an action to evict a third person from adjoining premises of lessor's.)