Fletcher v. McMillan

1. If a person entered into a written agreement with anothei to obtain for the latter a body of timber, including several tracts, to he paid for in an entire amount, received a thousand dollars, and agreed to repay it if he should fail to procure the timber from the'owner of it, this was an entire contract and was not performed by procuring only a portion of the timber described in it from the owner, unless there was a waiver of complete performance by the other party, or a modification of it by the parties thereto.

2. The charge of the court was in substance in accord with the ruling in the…