Alabama Broom & Mattress Co. v. Nashville Broom & Supply Co.

When any commodity is sold by description, as shown in this case, and the description is not substantially satisfied by the commodity delivered, the purchaser is not bound to accept it. Elliott v. Howison, 146 Ala. 568, 40 South. 1018; H. I. & M. Works v. Bland, 167 Ala. 391, 52 South. 445; Penn v. Smith, 98 Ala. 560, 564, 12 South. 818. But, if he does accept and use it, he does not thereby waive the defect, but may nevertheless treat the defect as a breach of warranty for which he may recover appropriate damages. 35 Cyc. 430, 3, and cases cited in note 36; Kornegay v. White, 10 Ala. 255;…