Vendor Refusal to Deliver Based on Reservation of Title Clause Upheld for Partial Payments

A vendor, having purchased goods under a contract that included a clause maintaining ownership of the goods until full payment, failed to deliver the items to the buyer despite receiving a down payment and subsequent partial payments. The buyer subsequently sued to compel delivery or, alternatively, for reimbursement of the amounts paid, plus damages. The appellate court upheld the lower court's decision, affirming that the seller could not invoke the reservation of title clause to refuse delivery after receiving substantial partial payments, as doing so would constitute an abuse of the clause when the buyer had demonstrated a clear intention to fulfill the contract; thus, the seller was ordered to deliver the goods or reimburse the payments along with damages for the breach.