Chiles v. Jones

Judge Marshall

delivered the opinion of the Court.

If there was a parol agreement between the Jones’s and Chiles’s, that the delivery of the hemp by the former, should be postponed beyond the day mentioned in the covenant between them, which fixed the price to be paid on delivery, we are of opinion that such agreement constituted a new parol contract between the parties, identical with the terms of the written contract, exceptas *52to the time of delivery., and payment; and that as there was no performance or tender, according to the terms of the covenant, a delivery of the hemp according to the…