In the Third Year of the Reign of GEORGE IV. Bryan. Lewis Ry. &. Mood 386. M'Marine 5. M. Wet's 462, Friday, LORYMER against SMITH. wheat, The buyer of a parcel of wheat, by sample, has a right to inspect the whole ASSUMPSIT for not accepting two parcels of one containing 700, the other 1400 bushels. general issue. At the trial before Bayley J. at the last Summer assizes for Gloucester, it was proved that on in bulk, at any the I1th of September, 1821, a contract for the wheat was made between the parties at Bristol, and bought and sold notes were exchanged. They were in the following terms, "Bought of James Lorymer, 700 bushels of wheat, 1400 ditto, ditto, at 9s. 6d. per bushel, according to samples, banker's bill if required." By the usage of the place the buyer had a right to inspect the wheat in bulk. On the 19th of September the defendant went to the plaintiff's warehouse and desired to see the wheat; the parcel proper and convenient time; and if the seller refuses to shew it, the buyer may rescind the contract. |