§ 140. Goods to be Satisfactory: It happens not infrequently that certain sales are made with the agreement that the goods shall be "satisfactory" to the vendee. This occurs, generally, when the goods are to be made to order, or to be previously obtained by the vendor. Upon the delivery of the goods, the question then is simply one of acceptance by the vendee, the condition being that, if the vendee does not accept, no salę takes place. Since the acceptance is to depend entirely upon the personal "satisfaction" of the vendee, he is the sole judge, and the question generally is not whether the vendee ought to be satisfied, but is he satisfied. Consequently, in such cases, if the vendee refuses to accept, although his refusal be apparently unreasonable, nevertheless, there is no sale. § 141. That the goods shall be satisfactory may take the form of either a condition or a warranty, and may be contained as a stipulation in a "sale on trial," or in a "sale and return." In such cases the continued use of the goods by the vendee, after their receipt, or his failure to return. them or to give notice of dissatisfaction within a reasonable time, may be taken to legally imply his satisfaction. Where the agreement that the goods shall be satisfactory enters into a contract of "sale and return," the vendee is supposed to have opportunity to try the goods before the title (and, consequently, the risk) passes. Thus, where a horse was delivered to the vendee in a so-called "sale and return," with an agreement that the vendee should try him for a week and if unsatisfactory return him, but the horse died on the third day after the delivery, it was held that no title passed. But this contract was, properly, a sale on trial. Brown v. Foster, 113 Mass. 136. (A suit of clothes.) Zaleski v. Clark, 44 Conn. 218. Wood Reaping Machine Co. v. Smith, 50 Mich. 565. Singerly v. Thayer, 108 Pa. St. 291. § 142. Some of the cases, however, do not go as far as the general rule, it being held that there must be good faith on the part of the vendee, and that his dissatisfaction must be an actual one, and not a mere arbitrary, unreasonable refusal to accept. The vendee is under legal obligation to give the article a fair trial, in certain cases. McClure v. Briggs, 58 Vt. 82. School Furniture Co. v. Warsaw, 130 Pa. St. 76. § 143. The expression "satisfactory" may be modified or explained by the context, and in such cases, if the article comes up to the standard agreed upon, the vendee cannot arbitrarily reject. If a third person is to decide upon the satisfactory character of the goods, his decision must be rendered in the utmost good faith to both parties. Clark v. Rice, 46 Mich. 308. D. M. Ferry & Co. v. Ballinger (Kan.), 60 Pac. R. 824. $144. Conditions of Instalment Deliveries and Payments: Many contracts to sell goods are accompanied with conditions that the goods shall be delivered in instalments from time to time. This occurs often in building, or in wholesale, transactions, where materials are to be furnished at certain dates, or merchandise is to be delivered at agreed upon days. Time, in such cases, is often very important, since loss may follow from delays in receiving material, or prices may be greatly changed by market conditions. The prevailing rule is, that a failure |