The Law Governing Sales of Goods At Common Law And Under the Uniform Sales Act

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V. Martindale, 63 Fed. Rep. 84, 89, 11 C. C. A. 33, 38; Norrington p.
Wright, 115 U. S. 188, 204, 205, 6 S. Ct. 12, 29 L. ed. 366; Filley v.
Pope, 115 U. S. 213, 6 S, Ct. 19, 29 L. ed. 372; Cleveland RoUing Mill r.
Rhodes, 121 U. S. 255, 261, 264, 7 S. Ct. 882, 30 L. ed. 920; Beck & Pauli Lith. Co. v. Colorado Milling Co., 52 Fed. Rep. 700, 3 C. C. A.
248; King Philip Mills v. Slater, 12 R. I. 82, 34 Am. Rep. 603; Smith V. Lewis, 40 Ind. 98; Hoare v. Ren- nie, 5 H. & N. 19; Pope v. Porter, 102
...N. y. 366, 371, 7 N. E. 304; Dwinel v. Howard, 30 Me. 258; Rob- son i\ Bohn, 27 Minn. 333, 344, 7 N. W. 357; Reybold v. Voorhees, 30 Pa. St. 116. 121; Stephenson v.
Cady, 117 Mass. 6, 9; Branch v.
Palmer, 65 Ga. 210; Fletcher v. Cole, 23 Vt. 114, 119.
810 Peefoemance of Conteact.
matter whether he plans to fulfill the remaining instalments op not ? He has already committed a material breach. Why should the innocent party be compelled to go on with the bargain merely because the performance is divided into instalments when he could not be compelled to put up with deficient performance if the contract had been performable at one time ': Accordingly the correct rule upon principle is that stated in the Sales Act.


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