Christian v. Knight & Co.

1. Where a seller of clothing exhibits to a customer a number of suits of clothes as samples, and stipulates to sell others as good in quality, such stipulation amounts to an express warranty that the clothing sold and to be delivered will be of as good quality as the samples exhibited. •

‘2. Where such goods aré sold under an express warranty as to quality, the buyer is not bound to inspect before acceptance; but if, upon receipt of the goods, he does inspect, and discovers defects before acceptance, it is his duty to reject them. If, after knowledge of the defects, he retains the goods and…