National Oak Leather Co. v. Armour-Cudahy Packing Co.
Court of Appeals of Kentucky
Case 94 — PETITION ORDINARY APPEAL' PROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. A purchaser of raw hides, bound in packs and shipped by car, is entitled to a full and fair opportunity of inspecting them before he is called upon to'accept or reject them. Such a “receiving” is not an “acceptance” o.f the hides so as to make the purchaser the owner of them.
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Case 94 — PETITION ORDINARY APPEAL' PROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. A purchaser of raw hides, bound in packs and shipped by car, is entitled to a full and fair opportunity of inspecting them before he is called upon to'accept or reject them. Such a “receiving” is not an “acceptance” o.f the hides so as to make the purchaser the owner of them. The first judgment entered on June 23, 1892, immediately upon, the conclusion of the trial, awarding defendant $117.39 upon its counter-claim and set-off, was sustained both by the law and the evidence. It was error to set it…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
This suit was brought by the appellee to recover of the appellant a balance alleged to be due on the purchase of a car load of native steer hides, shipped from South Omaha, Nebraska, to the appellant at Louisville, Kentucky.
The defense interposed was that on a former shipment of similar hides, and which had been paid for before opportunity for inspection and in fact before receiving them, the appellant was entitled to some $186 in damages by reason of the hides being inferior in quality to that warranted by the appellee, and further that…
2Cited by2 opinions
- Wallace v. Knoxville Woolen MillsCourt of Appeals of Kentucky · 1904
- James Grocery Co. v. Walter O. Birk Candy Co.Court of Appeals of Kentucky (pre-1976) · 1928