Hoffman v. Adair

Citations

• 67 Pa. Super. 164
• 1917 Pa. Super. LEXIS 364

Syllabus

<p>Contract — Entire contract — Sale.</p> <p>Where a buyer of tobacco agrees to purchase all the “Ohio low grades” the seller has in stock at four cents a pound, the contract is entire, and if the seller delivers three car loads of tobacco, two of which conform to the contract, but the third contains in part other tobacco than that specified, the buyer is bound to accept the tobacco in the latter car which conforms to the contract, because he bought by the pound, and eould not refuse the whole carload because part of it did not come up to the standard.</p> <p>C ontract — Payment—Tender—C oiidition.</p> <p>The annexing of a condition without right to an offer of payment will prevent it from being a valid tender.</p>