Hall v. McEwen ( 1869 )

Thu Court

held, that the contract having provided in detail the tests by which the parties should ascertain whether the logs would cut the proportion of the designated quality, which the contract demanded; and the defendant having rendered it impossible to apply these tests, he had waived his right to insist upon the warranty and must pay the contract price for the logs; and the plaintiff therefore had judgment for the full amount as found by the referee.