Citations
- 131 A.D. 376
Full opinion text
Cochrane, J.:
Plaintiff recovered a judgment for the purchase price of varnish sold and delivered to defendants. The defense is that the -contract of purchase was an entire one and not severable, and that the plaintiff failed to deliver the full amount purchased.
The order was for one hundred and twenty gallons Supremis varnish at two dollars and fifty cents' per gallon; twelve gallons of Navalite at four dollars per gallon, and twelve gallons of Architectural Coach at two dollars per gallon, less discount. The delivery was of twenty-one gallons of Supremis and twelve gallons of Navalite and plaintiff lias recovered for the quantity so delivered.
Before considering the facts it may be well to have in mind the legal principles applicable to the question of a divisibility of a contract. In Parsons on Contracts (Vol. 2 [8th ed.], p. 634) it is said :