Wednesday, December 25, 2013

Tipton v. Feitner case brief

Tipton v. Feitner case brief summary
20 N.Y. 423 (1859)

CASE SYNOPSIS
Defendant buyer sought review of the decision from the Supreme Court (New York), which held that plaintiff sellers were entitled to recover the price of the dressed hogs and which deducted the damages which the buyer had sustained for the breach of the other part of the contract. The seller had brought an action against the buyer to recover the price of certain slaughtered hogs.

DISCUSSION

  • The court held that the buyer could not refuse to pay for the dressed hogs delivered on the ground that the sellers had broken the contract respecting the live hogs. 
  • The court held that the only condition upon which the payment for the former depended, was their delivery. 
  • The court held that there could be no pretense that the delivery of the hogs coming from Ohio was a precedent condition to the payment for the others, and if this were not so when the agreement was made, it did not become so by the facts which afterwards took place. 
  • The court held that the position, that one who violated a contract on his own part, could not recover for the breach of any of its stipulations by the other party, however disconnected with the one he had broken could not be sustained. 
  • The court held that the contract was divisible and that, therefore, the decision of the supreme court that the sellers were entitled to recover the price of the dressed hogs was affirmed.
CONCLUSION
The court affirmed the judgment of the supreme court, which held that the sellers were entitled to recover the price of the dressed hogs, and deducted the damages, which the buyer had sustained for the breach of the other part of the contract.

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