322 



to give it a fair trial — Okell v. Smith, 1 Stark. 

 N. P. C. 107: nor would the purchaser of a 

 commodity to be afterwards delivered according 

 to sample, be bound 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 returning the article 

 within a reasonable time for the purpose of exa- 

 mination and comparison. The observations above 

 stated, are intended to apply to the purchaser of a 

 certain specific chattel, accepted and received by the 

 vendee, and the property in which is completely 

 and entirely vested in him. 



" But whatever may be the right of the purchaser 

 to return such a warranted article in an ordinary 

 case, there is no authority to show that he may re- 

 turn it where the purchaser has done more than was 

 consistent with the purpose of trial ; where he has 

 exercised the dominion of an owner over it, by 

 selling and parting with the property to another, 

 and where he has derived a pecuniary benefit 

 from it. These circumstances concur in the pre- 

 sent case ; and even supposing it might have been 

 competent for the defendant to have returned this 

 horse after having accepted it, and taken it into 

 his possession, if he had never parted with it to 



