King v. Sheward

Citations

• 97 Cal. 235
• 31 P. 1107
• 1893 Cal. LEXIS 516

Syllabus

<p>Sales —Return of Goods — New' Contract — Sale for Purchaser’s Benefit — Action for Difference in Price — Recoupment of Damages. — Where goods ordered were sent to the purchaser with the privilege of returning anything not suitable to the purchaser’s market within ten days, and several months thereafter, without previous complaint, the purchaser requested permission to return part of the goods, which request was declined by the seller, with an offer to receive them to be handled by the seller for the purchaser at the best price obtainable, and they were returned to the seller pursuant to such offer, the offer and acceptance thereof constituted a new contract, which precluded the purchaser from thereafter recouping damages for the goods returned, on the ground that they were not the kind of goods ordered, and he is liable in an action by the seller for the difference between the original price of the goods and a less price at which they were sold for his benefit under the new contract.</p>