1703

If a sale is made by samples or by fixed quality known to commerce, the purchaser shall not refuse to receive the goods contracted for, provided they conform to the sample or to the quality previously stated in the contract.\nIn case the purchaser refuses to receive said goods, experts shall be appointed by the parties, and said experts shall decide as to whether or not the goods are receivable.\nShould the experts decide that the goods are receivable, the sale shall be considered as consummated. Otherwise, the contract shall be rescinded without prejudice to such indemnity as the buyer may be entitled to.\nIf either of the parties refuses to appoint an expert or unwarrantedly delays such appointment, the other party, on the expiration of the term agreed upon, or, if there is no agreement, after a reasonable term fixed by notarial requisition, may request such judicial authority as may be competent to designate one or more experts whose decision shall be final for the purposes of the preceding paragraph.\nHistory —Commerce Code, 1932, § 245.