Heine Piano Co. v. Crepin

Sale op Piano—Executory Contract—Breach by Vendor—Ese op Different Piano—Bight op Possession—Bepuevin.—Where a piano company sold a numbered piano of a particular make, under an executory contract for payment in installments, reserving title until full payment, and after part performance by the purchaser broke its contract by shipping the piano to the manufacturers, and then agreed to furnish the purchaser the use of a cheaper piano of its own make until she could be furnished with a piano of the same make as that contracted for, or one of equal merit, the purchaser had the right of possession of the latter piano until the contract was substantially fulfilled; and after the purchaser had made payments equal to the value of the cheaper piano the piano company cannot maintain replevin therefor on the ground that all of the payments had not been made under the original contract, while it was itself in default in'not substantially complying therewith, and had not returned the money which the purchaser had been induced to pay by reason of its promise.