Buyer's Acceptance of Substitute Goods Waives Right to Rescission for Non-Conformity
Synthèse Legislator
Généré par l'IAA seller, obligated to provide a specific item under a contract, delivered a different, though allegedly equivalent, substitute product; the buyer accepted this substitute but later sought rescission of the sale, claiming breach of contract. The court held that the buyer's initial acceptance of the non-conforming item constituted a waiver of the right to seek rescission based on the difference between what was promised and what was delivered, as the acceptance implied satisfaction with the delivered substitute, thereby precluding a subsequent claim for nullification based on non-conformity.
Regeste Legislator
Généré par l'IABuyer's Acceptance of Substitute Goods Waives Right to Rescission for Non-Conformity: The court held that the buyer's initial acceptance of the non-conforming item constituted a waiver of the right to seek rescission based on the difference between what was promised and what was delivered, as the acceptance implied satisfaction with the delivered substitute, thereby precluding a subsequent claim for nullification based on non-conformity.