Boker v. Demorest Manufacturing Co.

Admitting that the contract was entire, the parties have stipulated that judgment he rendered either for the plaintiffs for the value of the goods delivered, or for the defendant, for agreed damages, on account of the failure of delivery of the balance of the goods called for, the question to depend upon whether the plaintiffs’ obligation to deliver was absolute or was made conditional upon their obtaining the goods from the Climax Company, the manufacturer.

H absolute, the obligation was not performed; if conditional, the plaintiffs were not at fault and judgment is to go as the contract is…