This section contains the nature of the case and procedural background.

D agreed to sell and deliver to P fifty thousand pairs of bicycle pedals to be delivered and paid for in installments, as specified in the contract. D delivered two thousand six hundred and eight pairs of pedals under the contract and refused to make further deliveries. P commenced an action for breach of this contract. D had failed to deliver sixteen thousand eight hundred and ninety-two pairs, which were to be delivered up to the first of March, 1899. P recovered judgment against D for the full amount claimed in the complaint in the action as damages for the breach of the contract, which judgment has been paid by D in full. In February 1900, P commenced the present action to recover damages for a failure to deliver the balance of the fifty thousand pairs remaining for delivery after March. Judgment was given in favor of D, and this judgment was affirmed on appeal. P appealed.

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