Rees v. R. A. Bowers Co.

Citations

• 280 Pa. 474
• 124 A. 653
• 1924 Pa. LEXIS 536

Syllabus

<p>Contract — Sale of goods — Refusal to accept — Meaning of words —Intention—Rescission—Assent—Retahing possession — Delay.</p> <p>1. While the law imputes to a person an intention corresponding to the reasonable meaning of his words and acts, the basis on which such imputation is founded must not admit of any other reasonable conclusion.</p> <p>2. Where an inference may be drawn from words and acts consistent with an established right, such inference should prevail.</p> <p>3. Where a buyer of goods refuses to accept them, and claims that the seller assented to the repudiation, he must show either a mutual agreement, or facts conclusive that an assent existed.</p> <p>4. Retaking possession of the goods by the seller without comment, standing alone, is not sufficient to justify the court in declaring as a matter of law an assent to repudiation had been conclusively shown.</p> <p>5. The mere retaking possession of the refused goods, even if the seller had to pay out money to secure the repossession, is compatible with good business practice to minimize loss in the protection of the perishable article.</p> <p>6. Assent to cancellation of a contract is a question of intention, and whether it exists, is ordinarily for the jury.</p> <p>7. Mere delay in enforcing a claim for goods sold does not affect the right of action.</p> <p>8. After a seller has retaken goods which the buyer has wrongfully refused to accept, the seller is under no obligation to make further tender or attempt to deliver; he is not required to do a vain and useless thing.</p> <p>Contract — Sales—Breach—Refusal to accept by buyer — Remedies of seller — Damages—Measure—Market price — Place and time —Minimizing loss.</p> <p>9. Where a buyer wrongfully refuses to accept goods, the seller may stand on the contract and sue for the balance of the purchase money.</p> <p>10. Or he may retake the goods, sell them for the best price obtainable, and sue for the damages.resulting from the buyer’s repudiation, but h