Heydecker v. Lombard

Citations

• 7 Daly 19

Syllabus

<p>Where the defendants agreed to *sell and deliver to the plaintiff oil of a specified quality, and in fulfillment of that contract tendered certain oil which the plaintiff, after an actual inspection and examination of it, accepted and shipped to Havre, where a certain portion of it was discovered to be of an inferior quality, but the plaintiff did not offer to return any of it to the defendants but sold the entire quantity and received theproceeds: Held (following Reed v. Randall, 29 N. Y. 358), that the plaintiff could not make any claim for damages on account of the inferior quality of the oil. .</p> <p>Where the plaintiff, upon discovering that certain oil that had been delivered to him under an executory contract of sale, was of a quality inferior to that called for by the contract, notified the defendants of the fact and asked them for directions about it and was told to do every thing that the claim might be well established against whom it might concern: Held, that this did not amount to an offer to .return the oil and a refusal to accept it.</p>