Standard Coal Co. v. Eclipse Coal Co.

1. Where a seller agrees to deliver to a purchaser commodities in specified quantities weekly and at designated prices payable on the first of each month after delivery, a failure by the latter to meet payments when due relieves the former of any obligation to make further deliveries.

2. Although the seller may have delayed deliveries and failed to make them on time as contracted for, the purchaser cannot, after accepting such delayed deliveries and also subsequent deliveries, and failing to make payment due therefor under the contract, hold the seller liable for a failure to continue making…