H. L. Fox & Co. v. Jones

The opinion of the Court was delivered by

Fenner, J.

There is no dispute as to the following facts, viz: Plaintiffs sold to defendant a second-hand locomotive engine at the price of $2000, subject, however, to trial and rejection if not found sat*930isfactory. The engine was shipped to and received by defendant, who, after trial, rejected it, but, at the same time, requested the use of it for twelve days longer as a compensation for delay, etc., binding himself to turn it over to plaintiffs at end of that term or to pay ■for it, which proposition was accepted. At the expiration of the term…