Williams v. Wenger

Citations

• 48 Pa. Super. 497
• 1912 Pa. Super. LEXIS 400

Syllabus

<p>Contract — Entire and severable contract — Time of delivery — Sale— Retention of part of goods — Custom.</p> <p>1. Where a lot of goods are ordered at one time, to be delivered at the same time, and the price for the lot is fixed at a lump sum, although the order gives the price of each kind, the purchaser cannot elect to retain some of the goods, and return the remainder, because of a failure to deliver the goods in the time specified in the contract.</p> <p>2. In such a case where the defendant sets up a custom permitting some of the goods to be retained under the circumstances' described, it is not error for the court in its charge to say: “You have heard the explanation given in this deposition why such a thing could not be reasonable, inasmuch as some of the articles are thrown in in order to make a sale, and some of the articles may be of great value at a particular time of the month and cannot be of value at other times. Therefore, you must pass upon that whether there was such a custom in the trade.”</p>