F. B. Fogel & Co. v. Brubaker

Citations

• 122 Pa. 7
• 15 A. 692
• 1888 Pa. LEXIS 586

Syllabus

<p>1. In executory contracts for the sale of personalty, there is a warranty! implied as part of the contract, that the goods shall lie of the kind ordered, and of merchantable quality.</p> <p>2. In such sales, if the goods be not of such kind and quality, the buyer is under no obligation to accept them and sue on the warranty, but may refuse acceptance and gh e notice. ,</p> <p>8. Though a delivery of goods ordered, to a carrier, is for many purposes a constructive delivery to the buyer, yet the obligation of the latter to accept or refuse arises only upon actual delivery.</p> <p>4. The buyer having the right to rely upon the good faith of the seller, it is not his duty to go to the place of delivery to the carrier, in order to inspect the goods before shipment.</p> <p>5. If the goods on reaching their destination, are not such as are required by the contract, and for this reason are refused by the buyer, the seller has no more rig’ht to recover from the buyer the expenses of shipment, than the purchase money.</p>