15 Pa. Super. 285 | Pa. Super. Ct. | 1900
When a contract of sale is executory, as it always is where a particular article is ordered without being seen from one who undertakes it shall be of a given quality or description, and the thing sent as such does not conform to the order and is never completely accepted, the buyer is not bound to keep it, or pay for the article on any terms, though no fraud was intended by the vendor. But after the actual reception of the article, and the lapse of a reasonable time to examine it and to ascertain its quality and its conformity to the stipulations of the contract, the buyer will be deemed to have accepted it, unless he then promptly exercises his right to reject it. After full acceptance he is not at liberty, when sued for the price, to avoid the contract in toto. Granting that he may accept the article and retain his right to damages for noncompliance with the contract, it is well settled
Judgment affirmed.