Standard Automobile Supply Co. v. Marshall Field & Co.

Mr. Presiding Justice Baker

delivered the opinion of the court.

Plaintiff was not entitled to rescind the contract of sale, because he returned only a part of the goods purchased. His return of the two coats was an offer to return them for credit, or to resell them to the defendant, and if such offer was accepted, the defendant became liable to the plaintiff for their value. The parties could," by subsequent agreement, modify the .first contract, and the finding of the court, implied from the judgment, is that the defendant, by accepting the return of the two coats and retaining them without…