Johnston bought 100 bolts of standard blue wool, No. 1 quality, from McHugh. The sales contract provided that Johnston would make payment prior to inspection. The 100 bolts were shipped, and Johnston paid McHugh. Upon inspection, however, Johnston discovered that the wool was No. 2 quality. Johnston thereupon tendered back the wool to McHugh and demanded return of his payment. McHugh refused on the ground that there is no difference between No. 1 quality wool and No. 2 quality wool."Which of the following statements regarding the contract provision for preinspection payment is correct?
It constitutes an acceptance of the goods. 43 It constitutes a waiver of the buyer's remedy of private sale in the case of nonconforming goods. It does not impair a buyer's right of inspection or his remedies. It is invalid
Question: Johnston bought 100 bolts of standard blue wool, No. 1 quality, from McHugh. The sales contract provided that Johnston would make payment prior to inspection. The 100 bolts were shipped, and Johnston paid McHugh. Upon inspection, however, Johnston discovered that the wool was No. 2 quality. Johnston thereupon tendered back the wool to McHugh and demanded return of his payment. McHugh refused on the ground that there is no difference between No. 1 quality wool and No. 2 quality wool."Which of the following statements regarding the contract provision for preinspection payment is correct?
A. It constitutes an acceptance of the goods. 43
B. It constitutes a waiver of the buyer's remedy of private sale in the case of nonconforming goods.
C. It does not impair a buyer's right of inspection or his remedies.
D. It is invalid
Answer: