Handbook of the Law of Sales

Cover Handbook of the Law of Sales
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270.
Where the seller is authorized to do such an act, the implication of authority is not overcome by the fact that the sale is by sample; for the property passes only provided they do conform, and the right to refuse the goods if they do not conform to the description always exists. Kuppenheimer v. Wertheimer, 107 Mich. 77, 64 N. W. 952, 61 Am. St. Rep. 317; Wadhams & Co. V. Balfour, 32 Or. 313. . 51 Pac. 642. But see Jenner v. Smith, L. R. 4 C. P. 270.
25Blackb. Sales, 128; Merchants' Nat. B
...ank v. Bangs, 102 Mass. 291, 295.
2« Post, p. 162.
2T Benj. Sales, § 359; Gill v. Benjamin, 64 Wis. 362, 25 N. W. 445, 54 Am. Rep. 619 (to be delivered over the rail of the buyer's vessel). A foreign merchant contracted for several cargoes of lumber, to be delivered, seasoned, f. O. B. Ship in the A. River, within seven months of May 1st; certain advances to be made before June 1st. The advances were made, and the first cargo was prepared by August, piled by itself, and the buyer notified. The buyer had dif- ficulty in chartering ships, and the lumber was burned.


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