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FACTS:

A contact was made for the sale of a large quantity of logs


delivered in monthly installments during a period of eight years,
payments to be made also in installments, at times having relations
to the deliveries. It contained stipulations as such payments, and
guaranties as to the average size of the logs to be delivered in each
installment. The seller terminated the contract for alleged breaches
by the buyer and brought suit for damages, among them payments
due for installments of the logs already delivered. The seller got
some damages. Later, he wanted to recover for the other
installments.

ISSUE:

Whether or not this is a divisible or indivisible obligation.

DECISION:

This is an indivisible contract, and not a number of separate


and independent agreements for the sale of the quantity to be
delivered and paid for each month, although there might be
breaches of the minor stipulations and warranties with reference
thereto which would warrant suits with a termination of the contrcts.

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