Stuart & Peterson Co. v. Newton

Citations

• 52 Pa. Super. 158
• 1912 Pa. Super. LEXIS 149

Syllabus

<p>Contract—Goods satisfactory to purchaser—Rejection of goods—Sale— Case for jury.</p> <p>1. Where the purchaser of a new and untried saloon bar stipulates that he shall not be required to pay for it unless the bar is satisfactory to himself, and subsequently and while the bar is being installed the purchaser notifies the seller that it is not satisfactory because it is not a practical bar for hotels and -saloons and subsequently requests the seller to remove the material of which it had been built because the old bar had been reinstalled, the question of the right of the purchaser to reject the bar is one for the jury.</p> <p>2. If in such a case, the purchaser without caprice and for a bona fide reason is dissatisfied with the bar, he has a right to reject it, and is released from liability to pay for it, although it may have been a good bar of the kind and of first class construction in all particulars.</p>