J. I. Case Threshing Mach. Co. v. McCoy

Citations

• 111 Miss. 715
• 72 So. 138

Syllabus

<p>1. Contracts. Written contracts. Merger of oral representations. Sales. Breach of warranty. Estoppel of buyers. Notifications of defects.</p> <p>Oral representations made by the seller to the buyer are superseded by and merged into the written contract between’ the parties.</p> <p>2. Sales. Notifications of defects. Contract.</p> <p>Where defendant purchased a gasoline tractor under a contract providing that, if it was not satisfactory, they should notify the seller in ten days and defendants found out from a gasoline engine expert within seven days after they had purchased the machinery that it was defective, it was their duty to have notified the seller of such defects.</p> <p>3. Sale. Breach of warranty. Estoppel of buyers.</p> <p>Where in a suit for the price of a gasoline tractor, the buyers failed to use reasonable care and diligence in examining the condition of the machinery and to make any objections to the same as provided by the term of their contract within the time limit or as soon as it was reasonably possible to do so, and upon the vendor’s failure to remedy the defect, failed to return the machinery to the place where it was received, as provided in the contract and to notify the vendor, but on the contrary signed three “satisfaction slips” of successive dates stating that the vendor’s agent had called and rendered assistance in operating the machinery which was working to satisfaction and filling the warranty. In such case the buyers were estopped to plead any breach of warranty.</p>