194 F.2d 859 (1952)
Plaintiff seller and defendant buyer sought review of an order that allowed recovery on both plaintiff's claim and defendant's counterclaim. Plaintiff sued for the price of a carload of lead delivered but not paid for, and defendant counterclaimed for damages caused by the seller's failure to deliver the remaining installments covered by the contract.
- The court concluded that the failure of defendant to make a down payment for the goods delivered, as provided by the parties' contract, constituted a breach of contract.
- However, defendant's breach did not justify plaintiff's refusal to ship the balance due under the contract, within the meaning of the Sales Act, 69 Pa. Stat. Ann. 255 (1931), because plaintiff had no valid reason to be fearful that payment would not be forthcoming upon full delivery.
- Accordingly, the judgment was affirmed.
The court affirmed the judgment because defendant buyer failed to pay for goods delivered, and plaintiff seller failed to establish justification for rescission of the installment contract under the Sales Act.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.