Carlsen v. Ziehme

Citations

• 53 Fla. 235

Syllabus

<p>1. A purchaser of an assortment of cheap jewelry under a contract permitting a return for exchange but not for •credit, should act with reasonable promptness after possession passes to discover patent defects, and a plea to an action for the contract price showing that several months had elapsed before an alleged discovery that the goods were not as represented and offering no excuse for the delay will be subject to demurrer, there being no warranty that the goods would supply a specific want, nor real question of latent defects.</p> <p>2. Pleas on equitable grounds to a common law action setting up only legal defense are properly stricken.</p>