Tatum v. Geist

Citations

• 46 Wash. 226
• 89 P. 547
• 1907 Wash. LEXIS 595

Syllabus

<p>Sales — Acceptance—Evidence—Suestciency. Where, upon, the sale of-a planing machine, the vendors agreed to accept a return of the -same if the machine was not satisfactory, the evidence shows that there was no acceptance or liability for the price, where it appears that, instead of a new machine, one was sent which had been used, with which the vendees from the first and repeatedly thereafter expressed dissatisfaction, specifying various defects, which experts of the vendor could not remedy, the vendees finally offering to return the machine, and where it appears that the setting up and attempted use of the machine by the vendees for two months was by direction of the vendors under a promise to make it perfectly satisfactory before asking for any money; since the vendees were sole arbiters as to satisfactory performance, and expressed dissatisfaction with'in a reasonable time.</p>