Scavenger, Inc. v. GT Interactive Software, Inc.
Supreme Court of New York, Appellate Division
708 N.Y.S.2d 405 (2000)
Relevant factsFree
Scavenger, Inc. (plaintiff), a computer-game developer, contracted with distributor GT Interactive Software (GT) (defendant) to deliver four separate games, each with its own production and payment schedule; Scavenger delivered the first two games as required but failed to deliver the last two. GT withheld all payment, and Scavenger sued and moved for partial summary judgment on the payments owed for the two games it did deliver; the trial court granted that motion, and GT appealed.
IssueFree
Whether a seller who performs in part, and breaches in part, a contract divisible into separate components is entitled to payment for its partial performance.