Carolina Portland Cement Co. v. Roper-Strauss-Ferst Co.

1. Where a purchaser has rejected a tender of delivery which under the terms of the contract he was not at the time bound to accept, and where he afterwards, by a valid agreement, waives his right to reject and agrees to accept the property, the latter agreement constitutes a novation of the original contract, in so far as it affects the particular property. The seller may, upon a violation by the purchaser of the latter agreement in refusing to accept the property, store the property for the purchaser’s benefit, and, after due notice to the purchaser, sell it and credit the proceeds of the…