Rubenstein v. Grossman-Winfield Millinery Co.

Citations

• 109 Miss. 819
• 69 So. 688

Syllabus

<p>Sale. Action for purchase price. Evidence.</p> <p>In a suit on an open account for the purchase of a job lot of hats where the seller’s offer was to sell the entire lot at stipulated price per dozen and the buyer agreed to accept the entire lot at this price, provided it did not contain more than three or four dozen. When the buyer received the hats and ascertained that the lot contained more than three or four dozen, the duty devolved on him of accepting or rejecting the lot as a whole. He' could not, without the seller’s consent, accept a part and reject a part.</p>