Plotnick v. Pennsylvania Smelting & Refining Co.
United States Court of Appeals, Third Circuit
194 F.2d 859 (1952)
Plotnick (plaintiff) agreed to deliver lead to Pennsylvania Smelting & Refining Co. (defendant) in installments at a fixed price below the market rate, which rose sharply after contracting. Plotnick delivered only a fraction of the required third shipment; Pennsylvania withheld payment on that shipment until the rest was delivered, and Plotnick then refused to deliver any more lead until paid, ultimately suing for the value of the third shipment while Pennsylvania counterclaimed for breach.
Whether the failure to complete one instance of a required payment, delivery, or service in an installment contract constitutes a breach of the entire contract depending on the circumstances of the case.