Delivery in single lot or several lots

Colo. Rev. Stat. § 4-2-307, under GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT.

Colo. Rev. Stat. § 4-2-307

Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery, and payment is due only on such tender; but where the circumstances give either party the right to make or demand delivery in lots, the price, if it can be apportioned, may be demanded for each lot.

Source: L. 65: p. 1308, § 1. C.R.S. 1963: § 155-2-307.

ANNOTATION

Parties "otherwise agreed" to delivery terms; therefore the contract obligated the buyer to pay the full amount of the invoice in spite of the fact that the seller had terminated only forty-five percent of the goods. Murray Equipment Co. v. Curtis, Inc., 725 P.2d 35 (Colo. App. 1986).