Grier v. Simpson

Citations

• 13 Del. 7

Syllabus

<p>Contract—Acceptance—Admission— Verdict of Jury.</p> <p>Where there is a contract to make and deliver an article to another person who is to accept it, if it does certain specified work, the other party cannot he sued for the price thereof unless he accepts it. If he refuses to accept he may he sued for damages for not accepting.</p> <p>The acceptance of an article to be made and delivered to a party under a contract is a question for the jury.</p> <p>When liability for a demand is charged against, or imputed to a person, he should deny it on the first occasion or oppurtunity to do so, in order to avoid the admission which is reasonably implied by silence.</p> <p>In deciding in favor of that side which has the greatest weight of testimony, the jury cannot be taken to impute falsehood to anyone.</p>