Seller Non-Delivery and Contract Termination

A seller contracted to deliver specific quantities of a commodity on specified dates, but subsequently failed to deliver the full agreed-upon amounts by the deadlines, leading the buyer to seek termination of the contract and damages for non-performance. The Court of Cassation quashed the lower court's decision, ruling that the seller's failure to meet the contractual delivery deadlines for the entirety of the agreed-upon quantities constituted a fundamental breach justifying the termination of the contract and the awarding of damages to the buyer, as timely performance was essential to the agreement.