Cherwell-Ralli, Inc. v. Rytman Grain Co.

This case involves a dispute about which of the parties to an oral instalment contract was the first to be in breach. The plaintiff, Cherwell-Ralli, Inc., sued the defendant, Rytman Grain Co., Inc., for the nonpayment of moneys due and owing for accepted deliveries of products known as Cherco Meal and C-R-T Meal. The defendant, conceding its indebtedness, counterclaimed for damages arising out of the plaintiff’s refusal to deliver remaining instalments under the contract. The trial court, Bor don, J., trial referee, having found all issues for the plaintiff, rendered judgment accordingly, and…