17 Pa. 310 | Pa. | 1851
The vendor of a thing rejected and unpaid for, may have it sold at auction on the vendee’s account, because he has no other means of holding the vendee to the bargain, and, at the same time enforcing his lien for the price. As he could not have the thing and the price of it too, an action for the price would result in nominal damages, and the event would virtually be a rescission of the contract. He is therefore allowed to sell the thing at auction, and charge the vendee with the difference of price. But a vendee who receives the thing into his possession, before he has become acquainted with its qualities, has, if dissatisfied, but one of two courses to pursue: either to retain it and claim a deduction, or reject it and attempt to rescind the contract.
Judgment affirmed.