Anderson v. Frantz Body Co.

Citations

• 33 Ohio C.C. Dec. 107
• 18 Ohio C.C. (n.s.) 382

Syllabus

<p>SALES</p> <p>1, Acceptance of Part Held Acceptance of Whole of Articles of Same Quality.</p> <p>In an entire contract for the sale of a certain number of articles, all alike and of the same quality, acceptance of part is acceptance of all, though delivered at different times.</p> <p>2. Acceptance of Articles Sold Subject to Test Question for Jury.</p> <p>When the question of whether the defendant had had time to test articles sold and delivered to him before accepting them is contested, and he claims that the articles could only be tested in use and that he had sent them to a customer for that purpose, the matter of acceptance is peculiarly for the jury, and it is error to charge the jury that the undisputed testimony shows that the articles had been accepted.</p>