Continental Jewelry Co. v. Braddock

Citations

• 103 Miss. 248
• 60 So. 212

Syllabus

<p>Sales. Rescission by buyer. Estoppel or waiver.</p> <p>Where a party bought a lot of jewelry and in consideration of such purchase was to receive a show case from the seller free of charge, and the jewelry was shipped to him and arrived on time but the showcase, which was also shipped, by mistake went to a nearby town which fact was known to the buyer, but concealed by him when he notified the seller that the showcase had not arrived. In such case the buyer was estopped from setting up the nondelivery of the showcase in bar of a suit by the seller for the price of the jewelry.</p>