1. (1) Under a sale on approval unless otherwise agreed

   1. (a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and
   2. (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and
   3. (c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions.

2. (2) Under a

   1. (a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably, and

   2. (b) the return is at the buyer's risk and expense.

      Oklahoma Code Comment

   3. (1)

      1. (a) This is consistent with previous Oklahoma decisions. Western Rope & Mfg. Co. v. Overland Petroleum Co., 98 Okl. 5, 223 P. 659 (1924); Automobile Ins. Co. of Hartford, Conn. v. Lewis, 93 Okl. 280, 220 P. 639, 35 A.L.R. 1463 (1923).

      2. (b) There are no previous Oklahoma decisions. It does not specifically say that use of the

         goods which is inconsistent with the purpose of trial is an acceptance, but that is the inference of the words "use of the goods consistent with the purpose of trial is not acceptance."

      3. (c) There are no previous Oklahoma decisions.

   4. (2)

      1. (a) There are no previous Oklahoma decisions. This rule is consistent with commercial practices.
      2. (b) Previous Oklahoma law is in accord. Johnson v. Curlee Clothing Co., 112 Okl. 220, 240 P. 632 (1925); Hales v. Henry Black, Ltd., Okl., 264 P.2d 355 (1954).

   sale or return unless otherwise agreed

Laws 1961, SB 36, p. 86, §