
    Globe Refining Co. v. Fort Gaines Oil and Guano Co.
    Argued November 12,
    Decided November 29, 1900.
    Action on contract. Before Judge Sheffield. Clay superior court. March term, 1900.
    
      W. A. Scott and W. C. Worrill, for plaintiff.
    
      J. D. Rambo and A. G. Powell, for defendant.
   Simmons, C. J.

1. Where A and B entered into a contract whereby B agreed to deliver to A, at a specified time, a certain quantity of oil, and thereafter B sought an extension of time, but the parties did not agree upon the terms of the desired extension so as to make it binding upon both, and B still failed to deliver the oil, and A sued him for damages for not complying with the terms of the contract as the same would have been had the extension been actually agreed upon, A could not recover.

2. Alleged errors in the admission of evidence as to the amount of damages will not be considered in a case in which no damages at all can be recovered.

Judgment affirmed.

All the Justices concurring.  