Tipton v. Feitner case brief summary
20 N.Y. 423 (1859)
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
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.
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.
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.
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. Suggested law school study materials
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