ABESAMIS VS. WOODCRAFT WORKS, INC.

FACTS:
This case was a contract in the delivery of logs before the end of July 1951 but not earlier than April of same year
as an option depending on availability of logs and vessels between Woodcraft Works and Abesamis Shipping.
The failure of the appellant to send vessels to Dolores, Samar was because of the storm that swept away all the
log on May 5, 1951. Under contract the delivery period of date was accomplished and that have been agreed to
avoid the storm. Woodcraftworks sued Abesamis to bear all loss as a result of typhoon
ISSUE:
Whether or not Abesamis is liable to pay of the loss?
HELD:
As a consequence of typhoon that struck on May 5 there was yet no delay on the part of the Abasamis. The
obligation between parties are the reciprocal one, appellant to furnish the vessel and appellee to furnish the logs.
It was also the obligation to benefit both parties. The period that agreed upon are decided to actually
avoid typhoons.Thecorresponding loss must be shouldered by the appellee.