Grantville Oil Mills v. Hogansville Oil Mill Co.

1. Where a petition shows that by one contract the plaintiff agreed to deliver to the defendant fifty tons of cottonseed at a stated price, and, by a subsequent contract with the defendant, obligated himself to furnish fifty tons of cottonseed at an agreed price, each of the contracts must be construed as entire; and no compliance with the terms of either is shown where the allegations of the petition show that the seller 'tendered under the first contract forty-one and two thirds tons of cottonseed, and subsequently, under the second contract, tendered fifty-four and eight ninths tons. Under…