Renick & Brand v. Aronoff

Citations

• 76 Pa. Super. 206
• 1921 Pa. Super. LEXIS 118

Syllabus

<p>Contracts — Sales by sample — Warranty—Breach of warranty— Affidavit of defense.</p> <p>In an action for tbe purchase price of a quantity of merchandise, an affidavit of defense is sufficient, which avers that certain of the goods did not cprrespond with the sample from which they were sold and for that reason were returned to the plaintiff.</p> <p>In such case, a delay of two months in returning the goods was not unreasonable, when the consignment of the particular goods was mixed with property of a different description, not included in the contract.</p> <p>In such circumstances, the time intervening between the receipt of merchandise and its return was not an unreasonable period for the defendant to inspect them and ascertain whether or not they were up to the standard of the contract. The question of the reasonableness of the time should be regarded as a mixed question of law and fact, under the circumstances and is, therefore, for the jury.</p>