Etna Manufacturing Co. v. Enos

Citations

• 31 Pa. Super. 393
• 1906 Pa. Super. LEXIS 226

Syllabus

<p>Contract — Sale—Condition—Test—Waiver—Question for jury.</p> <p>Where an engine is sold on condition that it shall be tested and if unsatisfactory returned to the vendor, and the engine is delivered to the vendee, and remains in the latter’s possession for five months, without any test having been demanded, and is then levied upon as the property of the vendee, the question, on an issue between the vendor and the execution creditor, as to whether the vendee had waived the condition as to a test and accepted the property, is a question.for the determination of a jury.</p>