Tipton v. Feitner
Court of Appeals of New York
20 N.Y. 423 (1859)
The plaintiffs agreed to sell the defendant both slaughtered hogs and live hogs, with no credit terms specified (meaning payment was presumptively due upon delivery); after delivering the slaughtered hogs without receiving payment, the plaintiffs withheld delivery of the live hogs, and sued to recover the contract price for the slaughtered hogs. The district court awarded the plaintiffs that price minus damages the defendant suffered from the plaintiffs' failure to deliver the live hogs, and the defendant appealed.
Whether, in a contract for the sale of goods that does not contemplate credit, a party may sue for breach of the contract once it performs, even though there is a second contract between the two parties to be performed at a later date.