Tipton v. Feitner

Summary

The New York Court of Appeals affirmed the judgment, holding that the plaintiffs may recover the price of the dressed hogs they delivered despite their breach of the live‑hog portion of the contract, with the defendant’s damages for that breach deducted. The court reasoned that the contract was divisible, with each part independent and payable upon delivery, and rejected the view that the live‑hog delivery was a condition precedent to payment for the dressed hogs.