Fewell v. Deane

Citations

• 43 S.C. 257
• 21 S.E. 1
• 1895 S.C. LEXIS 150

Syllabus

<p>1. Purchase by Sample — Rescission—Case Criticised. — Parties who purchase oats by sample and pay for them, and without objecting that the goods are not up to sample, dispose of them for cash and on credit, and fail to pay over to the seller the amount received in cash, or to release purchasers of that sold on credit, cannot recover from their vendors the amount paid by them, and the profits, on the ground that the oats were worthless. Kauffman Milling Co. v. Stuckey, 37 S. C., 7, and 40 S. 0., 110, followed.</p>