Silberman v. Fretz

The action is by the plaintiff, as the assignee of Luckmeyer, Shefer & Co., to recover $758.86 for. twenty pieces of Helvetia 'delivered to the defendant November 18, 1886. ■ The ■defense is that the goods, were but a partial delivery under entire and indivisible contracts made on'August' 12 and 18, 1886, for a much larger quantity, and that payment was not to be made until after full performance, which was a condition precedent. .

There is no principle more firmly established in our jurisprudence than, that under an entire contract there is no right of .action, and can be no recovery until…