Once the contract of sale has been made, the buyer owes the reciprocal duty to the seller, of making acceptance of the goods when delivery of the goods is made by the buyer. This includes something in addition to mere receipt of the goods by the buyer; it includes also the mental act of assent, as well as the physical act of acceptance. Acceptance is held to have been made in the absence of express assent, where the buyer receives the goods and then deals with them in such a way as to make the law presume an assent, as where he retains the goods without objection, for a time beyond the time to make objection.

Acceptance will likewise be implied so as to preclude the buyer from returning the goods, where he exercises acts of ownership over the goods, as by making resale of the goods or by giving a chattel mortgage on them.19

When the acceptance is made, under mistake of fact, or by reason of a fraud perpetrated on the purchaser by the buyer, the courts will in most cases grant relief to the buyer.20