Seller Not Liable for Force Majeure Short Delivery

The dispute arose from a contract where one party was obligated to deliver a specific quantity of goods to another, but delivered a lesser amount, prompting the buyer to seek damages for non-performance. The court upheld the lower court's decision to reject the buyer's claim for full damages because the contract stipulated that the seller was only liable for damages if the non-delivery was due to fault, and the evidence demonstrated that the reduced delivery resulted from unavoidable circumstances beyond the seller's control, thus excusing the contractual breach under the principle of force majeure.