Doane v. Dunham

Citations

• 79 Ill. 131

Syllabus

<p>1. Custom and usages op trade—enter into and form, part of contracts. Customs and usages of trade are supposed to enter into and form a part of all contracts where the usage or custom prevails, in reference to the matter to which the contract relates.</p> <p>2. Damaged goods—when delivered under an executory contract of sale must be returned in a reasonable time. Where a party purchases of a wholesale dealer goods of a particular quality, to be delivered at a future time, it is the duty of the purchaser to examine the goods, and if not of the quality purchased, to notify the seller to take them back, within a reasonable time, considering all the circumstances of the transaction.</p> <p>3. If the goods are purchased in original packages of a wholesale merchant by a dealer, and it is the usage and custom not to examine such goods until opened by dealers to sell to customers, and both parties deal with reference to such usage and custom, then an examination made by the dealer when he opens the package to sell to customers, will be within a reasonable time, provided the goods are offered for sale in due course of trade.</p> <p>4. Where goods are delivered to a purchaser under an executory contract of sale, and they are not of the quality bought, and the buyer notifies the seller to take the goods back, it is a question of fact, to be determined by the jury, in the light of all the attending circumstances, whether such notice was given in apt time or not.</p>