When a contract is made to saw such logs as ■ are furnished for that purpose up to a certain amount, provided they are furnished by a fixed time, the party promising is not bound to saw any logs not furnished according to the contract, if he has not been *315in default, or in any way responsible for the delay of .the other party.

The case is within the principle of Fredenburg v. Turner, 37 Mich., 402.

Judgment affirmed with costs;