James Bradford Co. v. United Leather Co.
Court of Chancery of Delaware
Petition for the Reclamation of Machinery. The Turner Tanning Machinery Company filed, a petition of reclamation of an _ oiling off machine delivered to the United Leather Company in November, 1913, and it was claimed that there was a misunderstanding as to the price of it, as shown by' the correspondence; and further that it was sent on trial; was never accepted by the buyer; and all the. bills rendered by the seller to the company showed on the face thereof that the…
Read the full summary
Petition for the Reclamation of Machinery. The Turner Tanning Machinery Company filed, a petition of reclamation of an _ oiling off machine delivered to the United Leather Company in November, 1913, and it was claimed that there was a misunderstanding as to the price of it, as shown by' the correspondence; and further that it was sent on trial; was never accepted by the buyer; and all the. bills rendered by the seller to the company showed on the face thereof that the machine was taken on trial. It was not disputed that the machine was so taken on trial. When receivers were appointed for the…
1Opinion of the Court
The Chancellor.
When property is sold on time, fixed by the parties, a failure to return the property, or to give notice in accordance with the agreement, makes the sale absolute if the seller so elects by suing for the price. In re Downing, (D. C.) 147 Fed. 858; Wolf Co. v. Monarch, &c., Co., 252 Ill. 491, 96 N. E. 1063, 50 L. R. A. (N. S.) 808, and note page 812. In the former case an engine was sold on trial for sixty days, and without dissatisfaction having been retained and used until the bankruptcy of the buyer nearly a year later, and the seller having made unconditional demands for…
2Cases cited3 opinions
- Fred W. Wolf Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1911
- In re George M. Hill Co.Court of Appeals for the Seventh Circuit · 1903
- In re Downing Paper Co.District Court, E.D. Pennsylvania · 1905
3Cited by7 opinions
- In Re Ford-Rennie Leather Co.District Court, D. Delaware · 1924
- In Re. American Slicing Machine Co.Supreme Court of South Carolina · 1923
- Delaware Trust Co. v. Elder & Co.Court of Chancery of Delaware · 1920
- Fletcher American National Bank v. McDermidIndiana Court of Appeals · 1920
- In Re Fader Motor CompanyCourt of Chancery of Delaware · 1968
2 more not listed; retrieve them via the Exa API.