The Coplay Iron Company (Limited), Respondent v. Thomas J. Pope, Appellants

Summary

The New York Court of Appeals affirmed the lower court's judgment for the plaintiff, holding that the defendants, having accepted the iron without returning it or giving notice, are conclusively presumed to have acquiesced in its quality and therefore cannot complain of its inferiority. The court treated the contract as an executive sale and found no collateral warranty, so the defendants' claim was barred.