Tobacco Growers Co-Operative Ass'n v. Bland

It is contended for defendant that further performance of tbe contract cannot be insisted on because plaintiff, in settlements to date for tbe crop of 1922, has wrongfully withheld $36.80 as penalty for nondelivery of certain tobacco of one of defendant’s tenants, tbe latter not being a member of tbe association. In Coőperative Assn. v. Bissett, ante, 180, it was held that tbe withholding of this amount is not warranted by tbe law or tbe provisions of tbe contract, but on authority this breach is not of sufficient proportionate importance to justify an entire severance of tbe contract…