Delahunty Dyeing Machine Co. v. Pennsylvania Knitting Mills

Citations

• 27 Pa. Super. 433
• 1905 Pa. Super. LEXIS 79

Syllabus

<p>Contract — Sale—Satisfaction to purchaser.</p> <p>In an action for the price of machinery, which, by the terms of sale, is to “prove satisfactory” to the purchaser, it is not enough to show that he ought to be satisfied, or that others are satisfied with it; the contract requires satisfaction on his part. On the other hand, the operation of the machinery to the satisfaction of the purchaser must be understood as meaning a satisfactory result in the production of a marketable commodity, when it is properly operated; and this implies an adequate test, made in good faith, under suitable conditions, by a competent operator, to determine whether such a result will be obtained. The purchaser cannot omit this, and from indifference, prejudice, caprice or change of purpose, arbitrarily declare the machinery unsatisfactory. And if, by the contract, the manufacturer is to provide instruction in operating, such instruction must be accepted in good faith, and the necessary means and facilities provided for making it effective.</p>