364 THE ADVENTURES OP A GENTLEMAN 



Gillis, cited 7 East, 480, King v. Boston, 7 East, 

 481 n.]; "and there is no hardship in such a defence 

 being allowed, as the plaintiff ought to be prepared 

 to prove a compliance with his warranty, which is 

 part of the consideration for the specific price agreed 

 by the defendant to be paid. 



" It is to be observed, that although the vendee of 

 a specific chattel, delivered with a warranty, may not 

 have a right to return it, the same reason does not 

 apply to cases of executory contracts, where an arti- 

 cle, for instance, is ordered from a manufacturer who 

 contracts that it shall be of a certain quality, or fit 

 for a certain purpose, and the article sent as such is 

 never completely accepted by the party ordering it. 

 In this, and similar cases, the latter may return it as 

 soon as he discovers the defect, provided he has done 

 nothing more in the mean time, than was necessary 

 to f!;ive it a fair trial — Okel v. Smith, 1 Stark. N. P. 

 C. 107 : nor would the purchaser of a commodity to 

 be afterwards delivered according to sample, be 

 hound to receive the bulk which may not agree with 

 it ; nor after having received what was tendered and 

 delivered, as being in accordance with the sample, 

 will he be precluded, by the simple receipt, from re- 



