Lonker v. Cohen

Citations

• 78 Pa. Super. 73
• 1921 Pa. Super. LEXIS 340

Syllabus

<p>Contracts — Sale—Rescission—Return of goods.</p> <p>One who purchases goods from samples is not bound to accept them if, upon their receipt, they do not correspond with the sample; but, to avoid the obligation of the contract, it is his duty to reestablish the status quo by returning the property to the vendor. Where, having an opportunity for examination, the buyer retained and sold a portion of the merchandise, he was not at liberty to return the balance. If the buyer desires to rescind, he cannot retain a part and return a part, nor is he permitted to exercise acts of ownership or control over the property, except as may be necessary to put it in the way of return.</p>