Luella Coal & Coke Co. v. Gano

Citations

• 61 Pa. Super. 37
• 1915 Pa. Super. LEXIS 264

Syllabus

<p>Contract — Sale of goods — Opportunity to inspect — Acceptance of goods.</p> <p>Where a purchaser of coal, after having had a chance to inspect it, and knowing that it is of inferior quality to that which the contract called for, pays freight, demurrage and switching charges and removes the coal from the ears, and resells it at a lower price, he cannot in an action against him for the price of the coal set off the charges which he had paid, and the loss on the resale. He is liable for the whole contract price.</p> <p>Where in such a case a rule is taken for judgment for want of a sufficient affidavit of defense, the court cannot make absolute the rule where the affidavit of defense, although defective as to the claims set off, avers that the defendants sent to plaintiff their check “drawn to the plaintiff’s order for $25.31 which the plaintiff received and still retains, being the entire amount due the plaintiff at that time.”</p>