PLOTNICK V. PENNSYLVANIA SMELTING & REFINING CO.
194 F.2d 859 (3rd Cir. 1952)
NATURE OF THE CASE: This was a dispute about an installment contract for battery lead.
Plotnick (P) and Pennsylvania (D) both sought review of an order, which allowed recovery on
both P's claim for the price of a carload of lead delivered but not paid for, and D's
counterclaim for damages caused by P's failure to deliver the remaining installments covered
by the contract.
FACTS: Plotnick (P) agreed to supply Pennsylvania (D) battery lead. Under the installment
contract, numerous shipments of lead were made with P complaining that the payment for those
shipments was very often late. Several shipments were not made at the times required by the
contract. P then decided not to ship remaining carloads due until unless a recently
delivered carload was paid for. D promised to pay 75% of the price of the prospective
shipment and the full price of the third installment. P then replied that the contract was
cancelled unless the prior shipment was paid in full and a letter of credit was established
to cover the next shipment. D then replied that he would place the overdue payment in escrow
and would accept the remaining lead with a sight draft attached for the full price.
Eventually during these exchanges, the Canadian government imposed export control on lead.
The trial court concluded that D did breach the contract but it was not a material breach
that excused full performance by P. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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