Canadian Steel Foundries, Ltd. v. Thomas Furnace Co.

This case is governed by sec. 121.45, Stats., which provides:

“(2) Where there, is a contract to s.ell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire…