Hand-Book On the Law of Sales

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285.
43 See Chalm. Sale, § 54.
44 Ben j. Sales, §§ 883, 886.
4 5 Kennedy v. Wbitwell, 4 Pick. 466; Philbrook v. Eaton, 134 Mass. 398.
46 Cbinery v. Yiall, cited in following note; France v. Gaudet, L. R. 6 Q. B. 199.
SALES — 16 242 ACTION FOR BREACH OF THE CONTKACT. [Cll. 10 damages will be the difference between the contract price and the market value.''' In virtue of Iiis ownership, the buyer may also maintain an action of rejilevin for the recovery of possession of the goods, but actions for
... the recovery of possession are generally regulated by statute/* SAME— BREACH OF WARRANTY OF QUALITY— RIGHT TO REJECT.
131. Where, under an executory contract of sale, there is a warranty of the quality, fitness, or condition of the goods, and the goods do not fulfill the warranty, the buyer may reject the goods.
If the goods sold are not of the description which the buyer agreed to purchase, he may reject them, as already explained, be- cause it is a condition of the contract that the goods shall answer the description, and the seller does not fulfill his contract by de- livering different goods.*' For the same reason, in an executory contract, the buyer may reject the goods if they fail to conform to the quality which the seller warranted they should possess;^" for an undertaking that the goods shall possess certain qualities, whether in form of a description or of a warranty, "is not a mere warranty, but a condition, the performance of ^^•hiL■h is precedent to any obligation upon the vendee under the contract, because the existence of these (jualities, being part of the description of the thing sold, becomi^s essential to its identity, and the vendee cannot be obliged to receive and pay for a thing different from that for which he contracted." " i^ C'hinery v.


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