Elk Textile Co. v. Cohen

Citations

• 75 Pa. Super. 478
• 1921 Pa. Super. LEXIS 47

Syllabus

<p>Sales — Dry goods — Warranty of quality — Inspection and return —Retention of part.</p> <p>In an action to recover the value of a shipment of dress goods, an affidavit of defense is insufficient, which admits the receipt of the material and avers a breach of warranty and also admits that the defendant retained part of the goods and gought to pay for them, but at the same time to return the balance.</p> <p>When a particular article is ordered, without being seen, from a seller who warrants its correspondence with a particular quality or description, the buyer is entitled to a reasonable time to inspect the merchandise for the purpose of ascertaining whether it corresponds with the warranty. Having made such examination, he should promptly exercise his right to refuse, or he will be deemed to have accepted it. What is the reasonable time within which to exercise the right to return is a question of law when there is no controversy as to the facts.'</p> <p>Where goods are received by a consignee who, after a lapse of two months and four days, notified the vendor that the goods were not saisfactory because of a breach of warranty, and the particular material in question was dress goods, the value of which varied according to the seasons, the delay of the defendant was undue and unreasonable, and judgment is properly entered in favor of the plaintiff.</p>