Pakas v. Hollingshead
Court of Appeals of New York
77 N.E. 40 (N.Y. 1906)
Relevant factsFree
Hollingshead and others (defendants) contracted to deliver 50,000 pairs of bicycle pedals to Pakas (plaintiff) in installments, delivered only a fraction, and then refused to deliver any more; Pakas sued in 1889 and recovered damages for the breach as it then stood (through installments due by March 1899), then sued again in 1900 seeking damages for the remaining installments that came due after that date but were never delivered. The trial and appellate courts ruled the first judgment barred the second suit, and Pakas appealed.
IssueFree
Whether a buyer may bring successive actions for breach of an installment contract as the delivery time for each installment matures.