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.