Jacobsohn v. Carey

Citations

• 59 Pa. Super. 4
• 1915 Pa. Super. LEXIS 12

Syllabus

<p>Contract — Sale—Acceptance of goods.</p> <p>Where goods are sold under an agreement, that vouchers should be delivered with the goods “showing that the merchandise had been manufactured in a union factory,” and the goods are delivered as ordered, except that they were not accompanied by union vouchors, and the purchasers accept the goods and make no objection of the absence of the vouchers until an action for the purchase price was brought four months afterwards, the plaintiff will be entitled to recover the contract price of the goods; and there is all the more reason for such recovery if it appears that the defendants on the admission of a new partner into their firm requested the plaintiff to rebill the goods to the new firm without reference to the vouchers, and that such rebilling was done by the plaintiff as requested.</p>