Arlington Peanut Co. v. Dozier

1. While it is the general rule that a tender required by a contract may be waived by conduct amounting to a repudiation of the contract, or by obstructing and preventing the tender (Blount v. Lynch, 24 Ga. App. 217, 100 S. E. 644), still, where a contract for purchase and sale provided for the future delivery of a certain number of tons of peanuts of a specified grade (number 1), the mere rejection by the pur*437clmsor cf a portion of the amount of peanuts purchased, tendered [or delivery under the contract, on the ground that the peanuts tendered were not of the grade specified by the contract,…