Crocker Chair Co. v. Edward Hines Hardwood & Hemlock Co.

The principal question presented upon this appeal is whether the failure of the plaintiff to pay for the shipments made on June 15th and June 30th according to the terms of the contract warranted the defendant, under all the circumstances, in declaring the contract terminated. Sec. 121.45 (2), Stats., provides:

“Where there is a contract to sell 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,…