Luntz v. Berry

Citations

• 35 Pa. Super. 204
• 1908 Pa. Super. LEXIS 13

Syllabus

<p>Sale — Contract—Refusal to accept goods — Agreement to reship goods— Bailment.</p> <p>Where a purchaser of goods refuses to accept them because they were not the goods ordered, and subsequently the seller offers them to the purchaser at a reduced price, which offer is rejected, and the purchaser then agrees to reship the goods, without notifying the seller of any charges for freight or storage, and the agreement to reship the goods is not carried out, and the goods are subsequently destroyed by fire while in the purchaser's possession, the seller has a right of action against the purchaser, and his measure of damages is not the reduced price at which the goods were offered to the purchaser, but the market value of the goods at the time the purchaser violated his agreement to reship them. In such a case the consideration for the agreement to reship was the obligation on the part of the purchaser as bailee to return the goods in compliance with the bailor's direction.</p>