Supreme Court of North Carolina October 18, 1904 (Allen v. Tompkins.)

Montgomery, J.,

after stating tbe case. In tbe ordinary case of a sale of machinery witb a warranty as to material and quality, if tbe purchaser discovers, when delivery is offered, defects in tbe same, be may reject it and have bis action against tbe vender for such damages as be may have sustained by reason of tbe vender’s non-performance of bis contract; or be may keep tbe machinery and set