McDonnell Foundry & Machine Co. v. Glacier Metal Co.

Citations

• 109 Miss. 899
• 68 So. 769

Syllabus

<p>1. Sales. Acceptance. Effect of acceptance.</p> <p>A buyer of metal, who receives and accepts it from a carrier becomes liable for the price thereof, even though the buyer had previously rejected it, and the same result follows where the carrier sold the metal for transportation charges after the buyer had rejected it and the buyer, subsequently accepted the proceeds of the sale, its right to receive such proceeds depending upon the same facts which authorized it to receive the metal itself.</p> <p>2. Sales. Acceptance. Effect of acceptance.</p> <p>Where pending an action by the seller for the price of metal, which the buyer refused to receive from the carrier, and which the carrier subsequently sold, and the buyer accepted the proceeds of the sale, less the carrier’s charges, because of such acceptance the seller could not collect any further sum from the carrier.</p>