Charles J. Webb & Co. v. Novelty Hosiery Co.

Citations

• 231 Pa. 297
• 80 A. 173
• 1911 Pa. LEXIS 833

Syllabus

<p>Contract — Sales—Irregular deliveries — Time not essence of contract— Notice — Damages.</p> <p>1. Where the times and quantities of the deliveries specified in a contract of sale have not been observed strictly by either the seller or the purchaser nor insisted upon by either, the purchaser cannot suddenly rescind his contract with the seller without a fair warning of his intention to insist upon a literal compliance with it in future.</p> <p>2. Where a purchaser has wrongfully rescinded a contract of sale, the seller is entitled to recover the difference between the market price of the goods at the date of the rescission and the contract price, with interest.</p> <p>3. Where a purchaser has wrongfully rescinded a contract of sale, the fact that the seller subsequently accepted a check for the last delivery with the words written on the face of it “account in full,” does not release the purchaser from liability for damages for his wrongful rescission of the contract.</p>