Kahnweiler v. Pfitsch

LEARNED HAND, District Judge.

It is clear that the collapsible boats were never tendered in such condition as to require acceptance. Assuming that “new” meant no more than “unused,” they were not “in first-class condition,” because the canvas was torn, the kopak fenders ripped, the decks broken, and some of the gunwales staved in. Moreover, there is unquestioned evidence as to at least three of them that the inspector would not pass them, and indeed it would have been most improper for him to do so. It is argued that the libelant could have made all necessary repairs, and was willing to make…