Vendor Breach of Warranty Suit

A vendor sued a purchaser for the balance of the price due under a contract for the sale of goods, but the purchaser counterclaimed for damages, alleging the goods delivered were defective and unfit for their intended use, which amounted to a breach of warranty. The Court of Cassation upheld the lower court's decision, reasoning that the vendor, having failed to deliver goods corresponding to the agreed-upon specifications and fitness for purpose, could not enforce performance of the contract, as the defect constituted a material breach justifying the purchaser's refusal to pay the remaining balance and a right to damages.