When delivery is made by the seller, and acceptance is made by the buyer, the contract of sale is complete in so far as executing the sale is concerned, but there may be nevertheless, outstanding rights in either party. The right to enforce payment by the seller, where payment was not a condition precedent to passing the title, and the right in the buyer to hold the seller for delay in delivering the goods, where there is no express waiver of damage shown by the buyer, or where the circumstances of acceptance do not show an intention to waive damages of delay by accepting the goods. An acceptance under compulsion, would not thereby waive damages suffered by reason of delay.22 Acceptance of the goods does not ordinarily conclude the buyer, as to a warranty made in reference to the goods, but if by the terms of the contract of sale acceptance is to conclude the buyer on this point, the contract governs. The contract may also properly provide that notice be given to the seller of any defects in the goods sold, within a reasonable time and the effect of the retention of the goods beyond that time, without notice or complaint, would be to deprive the purchaser of relief.23

21 Doane vs. Dunham, 65 I11., 512. 22 Haven vs. Wakefield, 39 I11., 509.

23 Kingman vs. Watson, 97 Wis., 596.