48 Vt. 594 | Vt. | 1876
The opinion of the court was delivered b.y
The circular that the defendant ordered the goods upon the strength of, provided that all goods not satisfactory when received, could be returned by paying express charges both ways. When goods of a specific description are ordered, and the goods when received do not answer the description, if the party giving the' order would avail himself of the right to return the. goods, he should do so as soon as he has time and opportunity to ascertain the fact. Neate et als. v. Ball et als. 2 East, 117; Humphries v. Carvalho, 16 East, 45; Long Sales (Rand’s ed.), 217; Parsons Merc. Law, 55; Moss v. Sweet, 3 Eng. L. & Eq. 311.
The-case finds that the particulars in which the goods differed from the description called for by • the order, were such as could
Judgment reversed, and judgment for plaintiff.