Willard v. Tatum

Citations

• 3 Cal. Unrep. 730
• 31 P. 912
• 1893 Cal. LEXIS 1024

Syllabus

<p>Sale—Rescission—Return of Goods.—A Seller of Stationary Engines will not be relieved from his agreement to rescind the sale, and accept their return, by the mere fact that the purchaser returned one more engine than specified in the agreement, without, however, requiring its acceptance by the seller as a condition to the return of the others.</p> <p>Sale—Rescission—Delay in Return of Goods.—A Delay of Eight Months in shipping the engines after it was agreed that they should be returned by the purchasers from San Francisco to the sellers at Chicago, by a shipment via Cape Horn, is not so unreasonable, as matter of law, as will relieve the seller from his obligation to accept them, where it appears that they had been paid for by the purchasers; that the seller had the use of the money during all this time; that no loss was suffered by the delay; that the refusal to accept them was based on a claim that a change in the pattern of the engines rendered those returned less valuable than formerly; that some of the returned engines were in a branch house of the purchasers at Portland, Oregon, and had to be brought to San Francisco for shipment; and that the engines were in fact shipped by the first vessel carrying a miscellaneous cargo.</p>