Spiegelberg v. Karr

Citations

• 24 Pa. Super. 339
• 1904 Pa. Super. LEXIS 180

Syllabus

<p>Contract — Sale—Sample—Warranty—Duty of inspection — Rescission.</p> <p>Where goods are bought by sample, it is the duty of the purchaser to inspect them within a reasonable time after receiving them, and when the defect is ascertained he is bound either to elect to rescind the contract, so far as possible, or to treat it as a subsisting one, and sue on the warranty. In such a case, the right of rescission must be exercised not only promptly, but unequivocally; mere complaints as to the quality of the goods while exercising dominion over them inconsistent with ownership in the seller are not sufficient.</p> <p>What is a reasonable time, or undue delay, when the facts are not disputed, is a question of law to be determined by the court. If the goods are Madras shirtings, and there is an undisputed delay of five months, the court may say as a matter of law that the rescission cannot be allowed.</p>