The buyer is likewise excused from performing his part of the contract, namely, making acceptance of the goods, where the other party to the contract of sale is in default. The default of the seller may arise from a failure to deliver on time, or it may be that the goods delivered are not of the quality or quantity agreed upon. In the latter case the buyer may reject the goods as delivered, and this may be done, by bringing home to the purchaser some notice of the fact that he refuses to accept the goods. The buyer is not bound to return the goods to the seller unless he has agreed to do so in the contract made. Notice to the seller of his rejection of the goods, is all that the law demands.21

19 Van Winkle vs. Crowell, 146 U. S., 42

20 Shipway vs Broad wood, 1 Q B., 369.