DeVaughn's Son v. Ohio Pottery & Glass Co.

The fundamental error in the position of counsel for defendant in error lies in the assumption that because the contract is entire and the purchaser accepted a part of the goods, he could not complain of the inferior quality of the remainder of the goods, which the vendor subsequently sought to deliver. Unquestionably the contract in this ease was an entire one, because it was for a number of articles of merchandise bought under one order and for a gross price, all to be delivered upon the same day. By the express terms of the statute this contract must stand* or fall together. Hence it is…