Sternbergh v. Chickies Iron Co.

Citations

• 156 Pa. 34
• 26 A. 812
• 1893 Pa. LEXIS 1305

Syllabus

<p>Rescission of contract — Evidence—Relay.</p> <p>If the purchasers of bar iron do not make any objection to its quality for fifty-six days after the last car load is shipped to them, they cannot rescind their contract.</p> <p>A purchaser of goods cannot rescind the contract by writing to the seller as follows: “We think it would be well for you to come here and see them and say what you wish to have done with them. We are obliged to reject them as utterly unfit for our use and wish you to take them away.”</p> <p>Sale— Warranty — Evidence.</p> <p>A dealer in iron offered certain iron to a maker of rivets, who answered as follows: “ We must have the very best quality for this purpose, and we should want it right along all the time of the same quality, if we found it satisfactory.” To this the following reply was sent: “ As the best way of finding out whether the bars will answer your purpose is to try them, we suggest that you take a sample car load.” The iron was sent, and proving satisfactory other orders were given. Subsequently the rivet maker suggested a different mixture for the iron, and this was agreed to and iron was made in accordance with his suggestions. Held, that there was no warranty of the quality of the iron.</p>