Emanuel Law Outlines, Inc. v. Multi-State Legal Studies, Inc.
United States District Court for the Southern District of New York
899 F.Supp. 1081 (1995)
Emanuel's (plaintiff's) criminal procedure supplement was delivered about a month late under its three-year installment contract with Multi-State (defendant), which allowed cancellation only after a material breach remained uncured 30 days following notice; Multi-State claimed it sent two notice letters Emanuel denied receiving, and Multi-State then used only regular parcel shipping for the eventually-delivered materials before declaring the delay a material breach excusing further performance.
Whether a buyer may cancel a three-year installment agreement after year one because of the seller's late delivery where the buyer did not provide contractual notice of the breach and was not substantially damaged by it.