Smythe v. Shaw

Citations

• 61 Pa. Super. 203
• 1915 Pa. Super. LEXIS 298

Syllabus

<p>Contract — Rescission—Assignment of contract — Evidence.</p> <p>Where a person having an order in writing for the sale and delivery of goods, has given to the purchaser in writing a right to rescind the order, if the latter does not resell the goods within a given time, and the seller assigns his rights under the contract to another, and the assignee notifies in writing the purchaser, of the assignment, and in repeating the specifications says “there are no other conditions attached to the order, not expressed in the contract,” the purchaser does not lose his right to rescind, where there is nothing orally to show that he agreed to waive such right.</p>