Randal v. Mitchell Motor Car Co.

Citations

• 263 Pa. 425
• 106 A. 783
• 1919 Pa. LEXIS 446

Syllabus

<p>Contract — Sale—Rescission—Demand—Suit.</p> <p>1. One who requests another to act or not to act, cannot punish that other for complying with the request.</p> <p>2. Hence a defendant cannot complain of a plaintiff’s failure to promptly rescind a contract, and return the article received, if the delay is due entirely to defendant’s request.</p> <p>3. Bringing suit is ordinarily a sufficient demand for payment of money due.</p> <p>4. The purchaser of an article sold, under an agreement that it may be returned if not satisfactory, has the right to return it if his objections are made in good faith and not capriciously.</p> <p>5. If the objections are made in good faith and not capriciously they will be sustained even though in the opinion of the court and jury they are not reasonable.</p>