Smith v. Harrison

1. In a bilateral contract of sale an obligation by the seller to deliver to the buyer by a certain date a gross quantity of a certain commodity for a certain estimated price, as “ 1000 gross of round quart bottles . . at the rate of $1.80 per gross,” but which must be delivered in certain stipulated quantities periodically ar certain designated periods, is entire, and a failure by him to make any one of the deliveries at the time agreed upon amounts to a breach of the entire obligation and gives to the buyer the right to elect and bring suit before maturity for such damages as he may have…