James F. Drew Co. v. Breedlove

1. Where a contract provides for a sale and delivery of a certain quantity of a commodity such as sugar, the market price of which fluctuates from day to day, to be delivered in designated quantities upon designated dates, at a fixed or determinable price, the contract is entire, and time is of the essence thereof. Where the dates for delivery of part of the shipments contracted for has passed, the purchaser’s acceptance of part of the shipments already due amounts to no waiver as respects the time for delivery of the undelivered shipments, and does not relieve the seller of his obligation to…