While all persons affected by strikes do not have an available remedy, there are many situations where rights and actions have not been exercised and innocent persons have suffered although the necessity of doing so has been precluded by our existing laws. In the first remedy, breach of contract, an injured vendee may maintain an action either against a vendor who fails to protect himself by an appropriate strike clause or a vendor who willfully breaches a contract and then attempts to utilize the fact of a strike as a defense. The second remedy, an action against the striking union, is aimed at unions which engage in unlawful activities. The third and fourth remedies, use of the mails and writ of replevin, are not actions for damages but methods of precluding damage. Although the use of these two remedies need not be on a "friendly" basis they usually are undertaken in cooperation with, or with consent of, the vendor.
Note, Relief for Vendee from Vendor's Strike, 1 Clev.-Marshall L. Rev. 78 (1952)