Walters v. Ditto

Citations

• 23 N.M. 558
• 170 P. 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where an article sold is equally open to inspection and examination of both parties, and the purchaser relies upon his own information and judgment, without requiring any warranty of the quality, no liability exists if the purchaser thereafter discovers some defect in the article; but this rule does not apply where the purchaser orders goods of a certain character, and he relies on the judgment of the seller, or goods of a certain described quality are offered for sale, and' when delivered they do not answer the description directed or given in the contract. Where a party contracts to sell sheep, inspection not being available, and agrees that the sheep so offered shall be of better quality than certain sheep then exhibited, and that the lambs shall weigh between 60 and 70 pounds, he warrants the truth of such statements. P. 561</p> <p>2. Where goods are delivered under a contract' which do not comply with the quality of goods contracted for, the party to whom they were delivered may, upon notice given to the vendor and an offer to return, which is not accepted by the vendor, retain the goods and sue for damage. P. 5G2</p>