Seller's Late Delivery as Fundamental Breach Justifying Contract Cancellation and Damages

A dispute arose concerning a contract where one party was obligated to deliver specific quantities of goods by a fixed date, and the other party was to pay upon receipt; when the seller failed to deliver the full contracted amount by the deadline, the buyer sought to cancel the contract and recover damages for the non-performance. The court of cassation ruled that the buyer was entitled to cancel the contract entirely and claim damages because the seller's failure to deliver the goods within the stipulated timeframe constituted a fundamental breach of the agreement, even if only a portion of the delivery was late, as the time stipulated for performance was essential to the buyer's interest in the contract.