Tipton v. Feitner
Court of
Appeals of
20 N.Y.
423.
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 defendant’s 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.