Vendor's Failure to Object to Expired Return Period Precludes Automatic Firm Sale of Unreturned Consignment Goods

Vendor's Failure to Object to Expired Return Period Precludes Automatic Firm Sale of Unreturned Consignment Goods: A vendor sold building materials under a contract that explicitly stated the sale was on approval, allowing the purchaser to return unsold portions within a specified time; when the purchaser failed to return the unsold materials by the deadline and the vendor subsequently billed them for the full amount, the lower court erred in finding the sale automatically became firm solely because the return period expired, as the vendor’s continued retention of the goods after the deadline, without immediate objection or assertion of finality, constituted tacit acceptance of the unreturned goods as remaining on consignment, thereby preventing the sale from being definitively concluded for those items until further action or agreement.