Gobey v. Wallace

Citations

• 48 Pa. Super. 61
• 1911 Pa. Super. LEXIS 338

Syllabus

<p>Contract — Sale—Bight to inspect — Passing of title — Refusal to accept.</p> <p>1. In an action to recover the price of a car load of lumber which the defendants had refused to accept because it was not the kind of lumber which they had contracted to buy, a verdict and judgment for defendants will be sustained where the evidence is conflicting as to whether the lumber delivered conformed to the order, and where the evidence also showed that the defendants unloaded the car in their yard, and after measuring and inspecting it, had promptly refused to accept it, notified plaintiff of the refusal, subsequently offered to take it at a reduced price, or return it, which offer was not accepted, and that thereafter the lumber was burned with all the other lumber on defendants’ premises:</p> <p>2. In such a case the defendants were entitled to a full opportunity to inspect the lumber before they were called upon to determine whether they would accept or refuse it; the title to the lumber would not pass until such opportunity to inspect the goods and pass upon them had been presented. Plaintiff was not entitled to show the market price of lumber of the kind in question at the time of the transaction.</p>