52 Pa. Super. 312 | Pa. Super. Ct. | 1913
Opinion by
The plaintiff, a dealer in woolen cloths, sold to the defendants eighteen pieces of cloth subject to the inspection and approval of the Schwarzwaelder Company, whose business it was to sponge and inspect cloth for manufacturers and dealers. The cloth was delivered to that company and inspected in accordance with the understanding of the parties. Six of the pieces were passed in the inspection but twelve were rejected as not coming up to the standard of perfection in manufacture. These were reported by the inspector as to be returned to the seller. Thereupon, the plaintiff entered into a negotiation with the defendants by telephone in regard to the rejected pieces in an effort to induce the latter to take them as they were. His proposal was to make an allowance of half a yard per piece on the twelve pieces which the plaintiff says the defendants refused to accept. He then offered to give an allowance of one yard for each piece and mailed a credit bill for that amount. The next day
Judgment affirmed.