Continental Jewelry Co. v. Braddock
Continental Jewelry Co. v. Braddock
Opinion of the Court
delivered the opinion of the court.
The facts gathered from the record are about these: Appellee, a country merchant, bought from the traveling salesman of appellant a lot of jewelry at an agreed price, and in consideration of this purchase of jewelry appellant agreed to ship appellee a show case described in the contract. The jewelry was delivered, but from some error in the shipping orders the show case was shipped to Ripley, instead of Falkner, the shipping point of appellee. Appellee notified appellant of the receipt of the jewelry and of the nondelivery of the show case. Appellant in reply expressed regret at the miscarriage of the show ease, and promised to trace it and have it delivered. In the meantime appellee learned that the show case had been shipped to Ripley, which place was a short distance from Falkner; but, having decided to rescind his contract, he concealed this knowledge, or rather failed to disclose the fact, in his correspondence. While appellant was attempting to'locate the show case, appellee hauled the jewelry to the railroad and shipped it back to appellant.
There was no claim that appellee did not get what he bought, except the show case; but the jewelry was not opened until the railroad agent refused to receive same, unless the boxes were opened for his inspection. There is no evidence that the jewelry failed to come up to rep
Reversed and remanded.
Reference
- Full Case Name
- Continental Jewelry Co. v. D. T. Braddock
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Sales. Rescission by buyer. Estoppel or waiver. Where a party bought a lot of jewelry and in consideration of such purchase was to receive a show case from the seller free of charge, and the jewelry was shipped to him and arrived on time but the showcase, which was also shipped, by mistake went to a nearby town which fact was known to the buyer, but concealed by him when he notified the seller that the showcase had not arrived. In such case the buyer was estopped from setting up the nondelivery of the showcase in bar of a suit by the seller for the price of the jewelry.