Until the contract or sale has become enforceable under the statute either party may withdraw; consequently, the buyer may reject the goods though he has previously accepted them, provided he has not as yet received them,55 and on the other hand the seller may refuse to go on with the bargain and a subsequent acceptance by the buyer will be ineffectual.56
49See infra, Sec. 581.
50 See supra, Sec. 642; also Beedy v. Brayman Wooden Ware Co., 108 Me. 200, 79 Atl. 721, 36 L. R. A. (N. S.) 76, Ann. Cas. 1913 B. 273; Peck v. Abbott & Femald Co., 223 Mass. 423, 111 N. E. 890; Sotham v. Weber, 116 Mo. App. 104,92 S. W. 181.
51See infra, Sec. 556. And a carrier to whose care the goods were consigned at the buyer's request (he having given the consignee directions for forwarding) is not an agent to accept, and therefore his acceptance of a bill of lading does not satisfy the statute. Meredith v. Meigh, 2 E. ft B. 364.
52Lloyd v. Wright, 25 Ga. 215; Jones v. Mechanics' Bank, 29 Md. 2S7, 96 Am. Dec. 533; Kemensky v. Chapin, 193 Mass. 500, 79 N. E. 781; Cross v. O'Donnell, 44 N. Y. 661, 4 Am. Rep. 721. See also cases cited infra, Sec. 556.
53Hart v. Bush, E. B. & E. 494; Eichberg v. Benedict Paper Co., 119 Mo. App. 262, 95 S. W. 963; Finney v. Apgar, 31 N. J. L. 266; Brewster v. Taylor, 63 N.Y. 587.
54 Chamberlain d. Dow, 10 Mich. 319. The contrary decision of Smith v. Milliken, 7 Lans. 336, oannot be supported.