Newman v. Colt Co.

1. Where one who has entered into a binding written agreement to buy and pay for certain goods notifies the seller, prior to the delivery of the goods, that he will not. accept and pay for them if *59tendered, the seller may refuse to agree to a rescission of the contract, and, if the buyer thereafter refuses to take and pay for the goods when tendered to him in accordance with the terms of the contract, the seller may, under the provisions of the Civil Code (1910), § 4131, store the goods for the use and benefit of the defaulting buyer and sue for the entire purchase-price. Dunaway v. Colt Co.,…