P signed a contract with D for the delivery of 1.5 million gallons of refined blackstrap (molasses) from D made by National Sugar Refinery with the product to test around 60% sugar. The order was given and accepted on December 27, 1927, and shipments were to begin after April 1, 1928. D made delivery from time to time, and that aggregate totaled 344.083 gallons. D failed to deliver more, and P sued. D claims that the duty to delivery was conditioned upon the production of National Sugar Refinery in sufficient quantity to fill P's order. Output at the refinery was 485,848 gallons which was much less than its capacity of which 344,083 gallons were sent to P. D claims his duty to deliver was proportionate to the refinery's willingness to supply the product and that his duty was discharged when the output was reduced. P got the judgment and D appealed.

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