Allis-Chalmers Manufacturing Co. v. Hedlund Lumber & Manufacturing Co.

The respondent sold to the appellant certain machinery, the major part of the purchase price of which was to be paid in deferred installments. The sale was evidenced by two written contracts, but they were executed simultaneously and contemplated a single installation and were identical in terms so far as concerns this controversy; so that they may be regarded for present purposes as constituting a single contract, and we shall so treat them. The deferred installments of the price were evidenced by promissory notes made by the appellant to the respondent as payee.

One part of the contract…