Virginia-Carolina Lumber Co. v. Eisinger
Virginia-Carolina Lumber Co. v. Eisinger
Opinion of the Court
delivered the opinion of the Court:
There was no error in the action of the court. The order for the lumber was not an absolute one. The consignment of the first carload was experimental. If not satisfactory to the defendants it was no sale. Defendants were not satisfied with the lumber, and immediately notified the plaintiff of their reasons for rejection. There was testimony tending to show that the lumber was of an inferior classification, and not what it had been represented to be. This testimony was immaterial, however, because the plaintiff did not contest the fact at the time. It accepted the rejection of the lumber, and the repudiation of the order therefor. The contract of sale was at an end, and nothing in the actions or letters of the defendants indicated the slightest intention to renew it. Being at an end, the lumber remained the property of the plaintiff, subject to the obligation to pay defendants the freight charged thereon, which they had paid at its request and for its' benefit.
The judgment will be affirmed, with costs; and it is so ordered. • Affirmed.
Reference
- Full Case Name
- VIRGINIA-CAROLINA LUMBER COMPANY v. EISINGER
- Status
- Published
- Syllabus
- Contracts; Sales; Direction oe Verdict. Where a carload of lumber sold on condition it proves satisfactory to the purchaser, freight to be paid by the seller, is shipped to the purchaser, and is immediately rejected by him as unsatisfactory, which rejection is accepted by the seller, the lumber remains the property of the sellerj subject to the obligation of the seller to pay the purchaser the freight paid by him at the seller’s request and for his benefit; and in an action by the seller for the purchase price the court properly directs a verdict for the defendant for the amount of freight paid by him.