Tipton v. Feitner

Court of Appeals of New York, 1859.

20 N.Y. 423.

Dawson, pp. 812-815


Facts: The plaintiff and defendant agreed to the purchase and sale of some slaughtered hogs and some live hogs under the same contract.The slaughtered hogs were delivered to the defendant but not paid for, but the live hogs were slaughtered by the plaintiff and sold to a third party.The defendant argued that the plaintiff could not recover damages for the slaughtered hogs because the plaintiff broke the agreement as to the live hogs.The trial referee found that the plaintiffs were entitled to the cost of the slaughtered hogs, less the defendantís damages for not having the other part of the contract performed.The defendant appeals.


Issue: Was delivery of the whole, both live and dead hogs, a condition precedent to payment for the dead ones?


Rule: The court will not force either side to extend credit to the other more than the parties agreed upon in the contract.


Analysis: The court finds that two such different provisions should be interpreted as two different deliveries that trigger two different duties to pay.


Conclusion: The judgment of the referee is affirmed.


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