Warner-Godfrey Co. v. Sheinman

Citations

• 273 Pa. 105
• 116 A. 671
• 1922 Pa. LEXIS 527

Syllabus

<p>Evidence — Custom — Trade custom — Measurement of textile goods — N otice — Sale—Contract.</p> <p>1. General and universal customs applicable to the trade or business are binding upon buyer or seller unless there is notice of contractual stipulation that the transaction is without regard to the custom.</p> <p>2. Trade customs are recognized upon questions of measurement.</p> <p>S. Where textile goods are sold as of a width mentioned, it is proper, where the purchaser alleges a shortage of width, as an excuse for nonpayment, to admit evidence of a trade custom that such goods were marked as of the width of the original cloth, and not the width they assumed after being mercerized and finished, which process caused a shrinkage in width of from 1% to 2 inches.</p> <p>Contract — Sale—Quality—Delay in making complaint.</p> <p>4. Where a purchaser during a falling market delays from one to two months in making complaint as to goods received by him, the question of reasonableness of the delay is for the jury.</p>