Southwark Mills Co. v. Slepin

Citations

• 46 Pa. Super. 296
• 1911 Pa. Super. LEXIS 270

Syllabus

<p>Contract — Sales—Rescission—Time limit — Waiver.</p> <p>1. Provisions in a contract of sale that cancellation of orders can only be made for breach of contract, and then only within five days after delivery of the goods, and that the purchaser is not entitled to allowance for defects unless claimed within ten days after delivery, are proper and reasonable, and will be enforced by the courts according to their terms.</p> <p>2. In such a case mere silence or investigation, or even negotiation after the time limit has expired, will not constitute a waiver by the seller of noncompliance by the purchaser with the provisions of the contract as to the time limit.</p>