Worth-Huskey Coal Co. v. Columbia Malting Co.

Mr. Presiding Justice Taylor

delivered the opinion of the court.

Upon the breach of an instalment contract the rights of the vendor and vendee are now to be determined by the Uniform Sales Act. By section 45 of that Act [Cahill’s Ill. St. eh. 121a, [¶] 48] the following rule is announced:

“Where there is a contract to sell goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses to take delivery of or pay for one or more installments, it depends in each…