Stutz v. Loyalhanna Coal & Coke Co.

Citations

• 131 Pa. 267
• 18 A. 875
• 1890 Pa. LEXIS 1106

Syllabus

<p>If the purchaser of machinery which the seller stipulates is “to be first-class in all particulars, and perform in a satisfactory manner,” does not return it at the expiration of a period allowed for trial, but continuing to use it notifies the seller that unless he puts it in “ satisfactory working condition,” he will have the difficulties remedied at the seller’s expense, this is an election to retain, and he is liable to pay the contract price, less a proper deduction to enable the seller to put the machinery in satisfactory working order.</p>