B discovered that some samples taken from the bulk of rice he had purchased were inferior in quality to samples that had been shown to him at the time of the contract. B nevertheless went ahead with a proposed auction of the rice. As the bidding did not reach the price B required, the rice was bought on B's behalf. B subsequently refused to pay for the rice on the grounds that it was not equal to sample.
Held By his conduct B had accepted the goods so that he was no longer able to reject them as not corresponding with the sample given by S.