American Tube & Stamping Co. v. Erie Iron & Steel Co.

Opinion by

Mr. Justice Kephart,

Section 45 of tbe Sales Act, as applied to tbe facts, is decisive of tbe question before us, which may be stated, Was the failure to pay for an installment of goods, shipped at stated periods, such a material breach as to justify the vendor in refusing to proceed further with the contract? The court below, on the following facts, decided it was:

The vendor sold to the purchaser one thousand tons cast scrap, delivery to be made f. o. b. Bridgeport, Conn., in ninety days, at thirty dollars a net ton, the terms of payment being net cash in thirty days; vendor…