Isydore Strauss & Son v. National Parlor Furniture Co.

Citations

• 76 Miss. 343

Syllabus

<p>1. Sales. Bxtyer at distance. Executory contract. Carrier’s agency.</p> <p>Where goods of certain quality and quantity are sold to a buyer at a distance, the carrier is not the ag'ent of the buyer to accept or reject the goods as conforming or not conforming to the executory contract of sale, but is his agent simply as to transportation.</p> <p>2. Same. Receipt from cawier. Acceptance. Rejection. Reasonable time for.</p> <p>In such case the receipt of the goods by the buyer from the carrier is not itself an acceptance of the goods as complying with the contract, but the buyer has a reasonable time, after so receiving the goods, to examine them and to accept or reject them.</p> <p>3. Same. Notice of rejection. Sale by lawyer on seller's account. Agency.</p> <p>If in such ease the buyer rightfully reject the goods and notify the seller thereof and that they are held at the latter’s risk, and the seller do nothing within a reasonable time after the notice, the buyer may, in good faith, sell them to the best advantage for the seller’s account. In so doing the former acts as the agent of the latter.</p> <p>4. Same. Sale on seller’s accou/nt to be seasonably made. Reasonable ex- . penses.</p> <p>If the buyer in such case, having rejected the goods and notified the seller, make sale on seller’s account, he must do so in a reasonable time, and he can, out of the proceeds, reimburse himself for only such expenses as were reasonably incurred on account of the seller about the sale.</p> <p>5. Same. Unreasonable expense account.</p> <p>Sellers in such eases are not to have the value of their goods eaten up by an unreasonable expense account; storage charges, insurance and other expenses must be limited to those incurred by the buyer within a period of time which he might reasonably have waited before selling.</p> <p>'6. Same. Return of goods or offer to return.</p> <p>In such case it is not necessary that the buyer should actually return or offer to return the goods, especia