Mintle v. Sylvester

“Notwithstanding the plaintiffs’ refusal to pay, the defendant was bound to go. on and deliver the rest of the iron. ’ ’

In McAllister-Coman Co. v. Matthews, 167 Ala. 361 (140 Am. St. 43, 52 So. 416), it is said:

“Merely because a given act or course of conduct of one party to a contract is inconsistent with the contract is not sufficient; it must be inconsistent with the intention to be longer bound by it.”

See, also, Brady v. Oliver, 125 Tenn. 595 (147 S. W. 1135, 1139, 41 L. R. A. [N. S.] 60, Ann. Cas. 1913C 376) ; Fay v. Oliver, 20 Vt. 118 (49 Am. Dec. 764, 767).

As the defendants were…