Appleton State Bank v. Lee

The defendants argue that the failure of Kirby Company to deliver the brand-name sewing machine as specified in the conditional sales contract was a material breach of the contract.

The question here is whether there has been a substantial breach of the agreement so as to warrant rescission by the defendants.

In order to establish a breach sufficient to constitute repudiation of the entire agreement the nonperformance or breach must be substantial.

“. . . a breach which goes to only a part of the consideration, which is incidental and subordinate to the main purpose of the contract, and which…