Reed v. . Randall

New York Court of Appeals · Decided 1864-03-05

Cited by 115 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

If this is to be regarded as an executed contract of sale, without sample or warranty, then the acceptance of the goods purchased — without objection to their quality or condition at the time of their delivery, or within such reasonable time afterwards as was sufficient to examine the same and ascertain their condition — would be regarded, I think, according to the weight of authority, as an assent on the part of the purchaser to the merchantable character of the goods, and a waiv…

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