National Knitting Co. v. Bouton & Germain Co.

123 N.W. 624 (1909)

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Nature of the Case

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Facts

D ordered a quantity of gloves of different kinds at fixed prices from P. The entire order was $322.86. The order was accepted, and P delivered the greater part of the goods ordered, but never delivered one item of eighteen dozen gloves and another item of six dozen gloves. D refused to pay. P sued to recover for the goods actually delivered at contract prices. D claimed the contract is entire, and hence that nothing is due because the contract has never been fully performed. The court ruled the contract was severable and P should recover at contract price for the goods delivered less damages for the goods not delivered. D appealed.