Key legal question
Whether the buyer could refuse payment by invoking non-performance because the tickets were not delivered or consigned.
Extracted holding
No. The buyer was in creditors' default after refusing the tickets without lawful reason, so he could not rely on the exception of non adimpleti contractus.
Extracted reasoning
The buyer had clearly refused acceptance and payment. The seller had offered performance and was not required to make a futile formal tender or consign the tickets once refusal was definitive. A defense contrary to good faith was inadmissible.