Gill v. Johnstown Lumber Co.
Supreme Court of Pennsylvania
25 A. 120 (1892)
Gill (plaintiff) contracted with Johnstown Lumber (defendant) to drive logs downstream, with payment set per thousand feet depending on log type and per-unit rates for cross-ties depending on delivery point; when a flood pushed most logs past the agreed delivery point before full delivery was completed, JLC refused to pay anything, arguing Gill had defaulted on an entire contract requiring full performance before any payment was due. The trial court agreed the contract was entire and directed a verdict for JLC, and Gill appealed.
Whether, if parties contract for the delivery of certain goods with payment to be made on a per-unit basis, delivery of all the goods is necessary before payment is required.