Hopkins Selected Cases On the Law of Contracts

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, that there maj' be a conditional acceptance. It is as if the purchaser had said: "I take these goods on the supposi- tion that thej' comply with the contract. I am not bound to decide that point at this moment. If, on examination, they do not correspond with the sample, I shall still return them under my common-law right, growing out of the very nature of the con- tract, to declare it void, because our minds never met on its subject-matter— non in haec foedera veni. " It is not necessary to d...ecide whether this distinction is sound. It is enough to say that it is Intelligible. The case. In no respect, decides that there can be an acceptance under the statute of frauds without a clear and distinct intent, or that unfinished articles can be presumed to be accepted before they are finished. The act of acceptance was clear and unequivocal. There was a distinct case of interraoddliug with the goods in the exercise of an act of ownershii) — a fact entirely wanting in the case at bar. The proof of acceptance was the act of resale before examination.

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