140 Ga. 411 | Ga. | 1913
(After stating the foregoing facts.) Paragraph 1 of the contract relates to the sale of walnuts classified as “Number 1 soft-shell grade.” No walnuts of this grade were ordered. No part of that paragraph qualified the portions of the contract contained in paragraph 2 or paragraph 3; and we can not agree with the contention that paragraph 2 of the contract should be read in the light of paragraph 1. There is nothing in the wording of paragraph 2 or paragraph 3 which makes the construction of the terms of either of these paragraphs depend upon the interpretation of the terms of the other; but on the other hand, if we make the expression contained in paragraph 1, “All sales are based on estimate of the season’s crop for the Number 1 soft-shell'grade,” apply to the next two paragraphs, the contract becomes unintelligible. Counsel for the defendant in error advances the suggestion that paragraph 2 should be construed together with paragraph 1, and that thus construed the contract means that “at the time when disposing of the crop of 1907 shipments were made of No. 1 soft-shell, at that time, defendant in error had the right to ship all or any part of orders on hand for grades falling under proviso No. 2.” This construction is not sound; because in paragraph 2 stipulations are made which authorize the seller to fill orders for the grades referred to in paragraph 2 independently of any of the stipulations which are contained in paragraph 1, it being expressly provided in paragraph 2 that “all orders for Number 1 hard-shell, Number 2 hard-shell, and Number 2 soft-shell walnuts are conditional and to be accepted provided available at the time the Number 1 soft-shell variety is shipped.” Under this1 proviso it was declared that the seller was not bound to ship any part of the order falling under the grades mentioned -in paragraph 2 of the contract, unless -they were “available at the time the Number 1 soft-shell variety is shipped.” And the reference in paragraph 2
Judgment reversed.