Contracts — Termination — Return of goods — Reasonable time — Determination — Tender — Necessity — Subject to return — Silence — Presumptions — Mailing of letter — Receipt.
1. Where a contract between a manufacturer and a distributor provides that in the event of cancellation by the manufacturer, the latter agrees to accept the return from the distributor of any equipment purchased under the contract, providing the same is new and unused and is returned to the factory, such return must be made within a reasonable time after cancellation. [333-4]
2. What is a reasonable time in such case is for the court where the facts are not in dispute. [334]
3. In such case, one year and eight months held not reasonable time for return of equipment. [334]
4. Where the manufacturer does not reply to an offer of return, the silence of such party does not create a legal liability on its part nor relieve the other party to the contract from the necessity of return or tender of the equipment. [335]
5. The presumption that a letter properly addressed, stamped and mailed, was received by the one to whom it was addressed in due course of mail is rebuttable. [334]
6. One presumption cannot be based upon another. [334-5]
Argued March 28, 1935.
PER CURIAM, April 22, 1935:
At the trial in the lower court a nonsuit was entered which the court in banc subsequently refused to take off. We find no error in the record, and the judgment is affirmed on the opinion of the learned trial judge.
Judgment affirmed at appellants' costs.