American Manufacturing Co. v. A. H. McLeod & Co.

Citations

• 78 Fla. 162
• 82 So. 802

Syllabus

<p>1. Where goods are sold by sample there is an implied, warranty that the goods will at least equal in quality the sample.</p> <p>2. The vendor of goods sold with a warranty has ia right to the return of his goods if the purchaser claims there is a breach of the warranty as to the quality of the goods.</p> <p>3. It is the duty of a purchaser buying goods under a warranty upon discovery that the goods are not up to the warranty to return or offer to return such goods, unless wholly worthless, and unless he does so he is presumed to have waived the defects and will be held to the contract price.</p> <p>4. Where a vendor of “goods waives his right to a return of goods sold under a warranty by suing for the value of the goods and the purchaser pleads the goods were not equal to the warranty, and the vendor goes to trial upon such plea the purchaser may set off the difference between the true worth 'of the goods and the contract price.</p> <p>5. It is not error upon the part of the judge to refuse to charge a correct proposition of law which is not applicable to the facts or the issues made by the pleadings.</p> <p>6. When a verdict is rendered up'on the evidence of experts as to value the court will not set aside or reverse such verdict because the iamount of such verdict cannot be demonstrated by the testimony of any single witness with mathematical precision.</p>