Seller's Right to Payment Versus Buyer's Recourse for Non-Delivery

A seller sued a buyer for the remaining balance of a debt, claiming the agreed-upon payment installments were overdue, but the lower court dismissed the claim, ruling that the seller had failed to deliver the contracted goods, which constituted a breach of contract justifying the buyer's refusal to pay the balance. The high court quashed this decision, reasoning that in a contract for sale, payment of the price is fundamentally distinct from the delivery of the thing sold, and the buyer, having accepted the delivery, could not subsequently refuse to pay the remaining balance based on an alleged defect in the goods without first having sought rescission of the sale or a reduction in price, as the failure to deliver an item only justifies withholding payment when the non-delivery is complete and constitutes the seller's primary obligation.