This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If the subject-matter of the contract is indivisible, the contract must necessarily be entire.1 A contract to dredge a channel to a certain depth and to dredge the harbor to a different depth is an entire contract in spite of the fact that different depths are provided for, since such covenants are intended to result in an entire improvement and each of them is essential to the other.2
On the other hand, the fact that the subject-matter is divisible is not conclusive of the character of the contract; for the subject-matter may be divisible, but the contract itself may be entire.3 A covenant to locate and operate a sawmill on another's land, such other person to furnish timber, and such contract not to be assignable by either, is entire so that a breach of a substantial part of such contract, such as the covenant against assignment, operates as a discharge of the whole contract.4 A contract to furnish different quantities of different articles is not rendered a severable contract as to performance by the fact that different kinds of articles are provided for.5
6International Contracting Co. v. United States, 47 Ct. Cl. 158; Ganong v. Brown, 88 Miss. 53, 117 Am. St. Rep 731, 40 So. 556.
7 "The general rule is that whether or not a contract is entire or indivisible is one of construction, to be determined by the court according to the intention of the contracting parties as ascertained from the contract itself and upon a consideration of all the circumstances surrounding the making of it." Crawford v. Surety lnv. Co., 91 Kan. 748. 139 Pac. 481.
8 Manistee Navigation Co. v. Louis
Sands Salt & Lumber Co., 174 Mich. 1, 140 N. W. 565.
1 Edgerton v. Power, 18 Mont. 350, 45 Pac. 204.
2Sprigg v. Rutland Ry., 77 Vt. 347, 60 Atl. 143.
3 Lemmon v. East Palestine Rubber Co., 260 Pa. St. 28, 103 Atl. 510.
1 See Art. 2108 of the Civil Code of Louisiana; Stockstill v. Byrd, 132 La. 404, 61 So. 446.
2 International Contracting Co. v. United States, 47 Ct. Cl. 158.
3 International Contracting Co. v. United States, 47 Ct. Cl. 158; Bam-