. The American florist : a weekly journal for the trade. Floriculture; Florists. 672 The American Florist. Feb. 22^ Legal Pointers. Purchasing without any reasonable ex- pectations of being able to pay.—.?^ con- tract for the purchase of goods on credit, made with intent on the part of the pur- chaser not to pay for them, is fraudulent, and if the purchaser has no reasonable expectations of being able to pay it is equivalent to an intention not to pay. Orders can not be countermanded after delivery of goods to carrier.—Orders can usually be countermanded at any time prior to their formal accep
. The American florist : a weekly journal for the trade. Floriculture; Florists. 672 The American Florist. Feb. 22^ Legal Pointers. Purchasing without any reasonable ex- pectations of being able to pay.—.?^ con- tract for the purchase of goods on credit, made with intent on the part of the pur- chaser not to pay for them, is fraudulent, and if the purchaser has no reasonable expectations of being able to pay it is equivalent to an intention not to pay. Orders can not be countermanded after delivery of goods to carrier.—Orders can usually be countermanded at any time prior to their formal acceptance, or, in other words, so long as they can be by the other party rejected without creating any liability. But after orders have once been 611ed and that which was ordered, delivered, unconditionally, to a common carrier, as to a railway companv,for car- riage to the person or persons giving the orders, it is not within his or their power to successfully countermand same by any notice, no matter when mailed, which does not reach the seller prior to the de- livery of the goods to the carrier. Rights and duties of purchasers finding goods not as warranted.—There has been no little controversy in the courts as to the right of a purchaser to accept goods and rely upon tbe warranty thereof where they are found upon arrival at the place of delivery not to be in good condition. But the great weight of authority, as well as reason, is now well settled, says the United States Circuit Court of Ap- peals, that in cases of this kind and char- acter if the goods upon arrival at the place of delivery are found to be unmer- chantable in whole or in pait the pur- chaser has the option either to reject them or receive them and rely upon the war- ranty; and, if there has been no waiver of the right, he may bring an action against the vendor to recover the damages for a breach of the warranty, or set up a coun- terclaim for such damages in an action brought by the vendor for the purchase
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