Practice Set 3 Sales

(Articles 1516-1530)

True / False

1) A person who for value negotiates or transfers a document of title by

indorsement or delivery, warrants that the document itself is genuine.T

2) A person who for value negotiates or transfers a document of title by

indorsement or delivery, warrants that he knows of a fact which would
impair the validity or worth of the document of title. F

3) Everest, owner of twenty sacks of corn, deposited the goods in the

warehouse of Skye, and for which Skye delivered to her a negotiable
document of title, where the goods are deliverable to order. In such case,
the proper negotiation of the document would be an indorsment and
delivery. Everest then negotiated the document to Chase who paid
P15,000 for it. When the document became due, Chase went to Skye and
demanded for the delivery of the twenty sacks of corn, but Skye can not
deliver the goods because they were all destroyed due to improper
storage. In suh case, Chase can go to Everest and demand the return of
the P15,000. F

4) Everest, owner of twenty sacks of corn, deposited the goods in the

warehouse of Skye, and for which Skye delivered to her a negotiable
document of title, where the goods are deliverable to bearer. In such
case, the proper negotiation of the document would be a simple delivery.
Everest then negotiated the document to Chase who paid P15,000 for it.
On his way home, a really strong gust of wind blew away the document of
title, and Chase lost possession of the document. The exact same
document was later on found by Tracker, who, upon noticing that the
goods contained therein can be demanded anytime, went to the
warehouse of Skye and demanded for the delivery of the twenty sacks of
corn. In such case, Skye should demand first an indorsement of the
document before she will deliver the sacks of corn. F

5) Everest, owner of twenty sacks of corn, deposited the goods in the

warehouse of Skye, and for which Skye delivered to her a negotiable
document of title, where the goods are deliverable to bearer. In such
case, the proper negotiation of the document would be a simple delivery.

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 Everest then negotiated the document to Chase who paid P15,000 for it.
On his way home, a really strong gust of wind blew away the document of
title, and Chase lost possession of the document. When the document
became due, Chase went to Skye and demanded the delivery of the goods,
telling her that he had simply lost the document. In such case, Skye
should deliver the goods to Chase even wthout the document. F

6) Everest, owner of twenty sacks of corn, deposited the goods in the

warehouse of Skye, and for which Skye delivered to her a negotiable
document of title, where the goods are deliverable to bearer. In such
case, the proper negotiation of the document would be a simple delivery.
Everest then negotiated the note to Chase, who paid P15,000. Chase has
an obligation to Kitty for P15,000 which is currently unpaid although it had
already become due. Upon learning of Chase’s acquisition of the
document of title, Kitty went to Skye and demanded the delivery of the
goods to her as payment for Chase’s obligation. In such case, Skye can
refuse to deliver the sacks of corn to Kitty. T

7) Skye bought from Kitty 20 pairs of shoes for a total contract price of
P20,000. The goods are currently in the store of Skye but will be delivered
one week later. In such case, the place of delivery is the store of Skye. T

8) Where the seller delivers to the buyer a quantity of goods less than he
contracted to sell, the buyer may reject them, but if the buyer accepts or
keep the goods so delivered, knowing that the seller is not going to
perform the contract in full, he must pay for them at the contract price. T

9) Kitty bought from Skye twenty sacks of cat food for a total sum of
P20,000. Kitty is in Cebu while Skye is in Manila. The parties then agreed
that terms of delivery will be Free on Board (FOB) shipping point. In such,
delivery to the carrier will mean that Skye is still the owner of the goods
until full payment of the price. F

10) Kitty and Skye entered into a contract of sale where Kitty will buy from
Skye a pink cellhpone for the amount of P10,000. The parties did not
make any stipulation as regards the period for the payment of the price.
In such case, Skye shall not be oblige to make the delivery before the
payment of the price. T

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Multiple Choice
11) Who is not an unpaid seller?
a) One who is paid 99% of the price
b) One who is paid thorugh a check and the check had already been
encashed
c) One who is paid through a check, and the check is not yet due
d) One who is paid 90% of the price in cash, and 10% in a post-dated
check that is fully funded

12) Everest bought from Skye a dozen boxes of premium apples for
P10,000. Everest is in Cebu while Skye is in Manila. The parties stipulated
that the terms of shipment will be FOB shipping point. After the shipment
of the goods, Skye learned that Everest had become insolvent, hence she
will not be able to pay for the balance of the contract price. As an upaid
seller, what can Skye do?
a) Exercise her right of possessory lien
b) Exercise her right of stoppage in transitu
c) Exercise her right to demand specific performance
d) Exercise her right of resale

13) Everest bought from Skye a dozen boxes of premium apples for
P10,000. Everest is in Cebu while Skye is in Manila. The parties stipulated
that the terms of shipment will be FOB destination, but the carrier had not
been designated as the bailee of either party. After the shipment of the
goods but before they reached Cebu, Skye learned that Everest had
become insolvent, hence she will not be able to pay for the balance of the
contract price. As an upaid seller, what can Skye do?
a) Exercise her right of stoppage in transitu
b) Exercise her right of possessory lien
c) Exercise her right for the cancellation of the contact
d) Exercise her right to demand specific performance

14) Everest bought from Skye a dozen boxes of premium apples for
P10,000. Everest is in Cebu while Skye is in Manila. The parties stipulated
that the terms of shipment will be FOB destination, but the carrier had not
been designated as the bailee of either party. Before the shipment of the
goods, Skye learned that Everest had become insolvent, hence she will not
be able to pay for the balance of the contract price. Are the goods already
considered in transit?
a) Yes, because that is the intention of the parties

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 b) No, because the goods are considered perishable in nature
c) Yes, since such plan of shipment has been incorporate in the contract
d) No, since the seller had not yet parted with the objects

15) Everest bought from Skye a dozen boxes of premium apples for
P10,000. Everest is in Cebu while Skye is in Manila. The parties stipulated
that the terms of shipment will be FOB destination, but the carrier had not
been designated as the bailee of either party. Before the shipment of the
goods, Skye learned that Everest had become insolvent, hence she will not
be able to pay for the balance of the contract price. As an upaid seller,
what can Skye do?
a) Exercise her right of stopping the goods in transit
b) Exercise her right to demand specific performance
c) Exercise her right of possessory lien
d) Exercise her right for the annulment of the contract

Practice Set 4
Sales

(Articles 1600-1618)

True / False

1) Since obligations in a Sale are extinguished in the same manner and

causes as all other obligations, then such will be also be extinguished
through the full payment of the contract price. T
2) For conventional redemption to take place, the terms thereof must be
clearly stated in the contract of sale. T
3) Equitable mortgage is an example of a real estate mortgage. F
4) In case of doubt, a contract purporting to be a sale with a right to
repurchase shall be construed as an equitabe mortgage since an equitable
mortgage is superior than a sale with a right to repurchase. F
5) On March 1, 2021, Kermit sold his P1,000,000 car to Fuzzy for only
P200,000. The contract entered into by the parties is a Sale With a Right
to Repurchase. There was no stipulation as to when is the time of
redemption. In such case, Kermit may still purchase back the same
property on November 10, 2023. T
6) On March 1, 2021, Kermit sold his P1,000,000 car to Fuzzy for only
P200,000. The contract entered into by the parties is a Sale With a Right

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 to Repurchase. There was no stipulation as to when is the time of
redemption. On November 10, 2023, Fuzzy sold th exact same car to
Gonzo for P500,000 who knew of the contract between Kermit and Fuzzy
although there was no mention in the subsequent contract of the nature of
the previous one. On December 10, 2023, Kermit may purchase the car
from Gonzo for only P200,000. T
7) The creditors of the vendor cannot make use of the right of redemption
against the vendee in all instances since such creditors are but mere
strangers to the contract. F
8) If two persons, jointly and in the same contract, should sell an univided
immovable with a right to repurchase, any one of them may exerise the
right of redemption of the entire property, since the immovable remains
undivided at the time of sale. F
9) Each one of the the co-owners of an undivided immovable who may have
sold his share separately, may independently exercise the right of
repurchase as regards his owne share, and the vendee cannot compel him
to redeem the whole property. T
10) Should there have been no fruits at the time of the sale with a right to
repurchase, and some exist at the time of the repurchase, they shall be
prorated as between the parties, giving to the orginal buyer the part
corresponding to the time he is in possession of the property, counted
from the time of the prefection of the contract and the consequent delivery
thereof. T

Identification

11) _____________________________ shall respect the leases constituted

on the property that has been redeemed, which the original vendee may
have entered into in good faith ORIGINAL VENDOR OF THE PROPERTY

12) _____________________________ shall take place when the vendor

reserves the right to repurchase the thing sold, with the obligation to
return the price and pay all expenses associated with the sale
CONVENTIONAL REDEMPTION

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13) _____________________________ a kind of sale where the vendor
has the right to repurchase the thing sold within a certain of period of time
SALE WITH THE RIGHT TO REPURCHASE

14) ____________________________ gives the vendee the right to

consolidate the ownership in the thing sold a retro, for failure of the
vendor to redeem the property within the stipulated period of time
COURT ORDER , SPECIFICALLY JUDICIAL ORDER

15) ___________________________ a kind of contract as mandated as

such by the law, where it may be fairly inferred that the real intention of
the parties is that the transaction shal secure the payment or performance
of an obligation. EQUITABLE MORTGAGE

Practice Set 5
Agency
(1868-1880)

True / False
1) An agency is a contract where a person binds himself to render service
or
to do something in representation or on behalf of another, with the
consent or authority of the other person. T
2) Agency may be express, or implied from the acts of the principal, and
acceptance on the part of the agent may also be express or implied from
his own acts. T
3) Alvin wanted to sell his telescope. Since he is not much of a salesman,
he
asked Simon to sell such telescope for and on his behalf. Simon was able
to sell it to Theodore for P1,000. In this case, Simon is the seller and
Theodore is the buyer of the telescope. F
4) Alvin wanted to sell his telescope. Since he is not much of a salesman,
he
asked Simon to sell such telescope for and on his behalf. Simon was able
to sell it to Theodore for P1,000. In this case, there is only one contract,
and that is the contract of sale. F
5) Between persons who are absent, the acceptance of the agency may
also

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be implied if the principal delivers his power of attorney to the agent and
the agent receives it without saying anything. F

6) Alvin wanted to sell his farm. Since he is not much of a salesman, he

asked Simon to sell such farm for and on his behalf. Alvin gave Simon a
special power of attorney (SPA) in writing and in a public instrument.
Simon was able to sell the farm to Theodore for P1,000,000 but such sale
was not in writing. In this case, the contract of sale is still valid. T
7) Alvin wanted to sell his farm. Since he is not much of a salesman, he
asked Simon to sell such farm for and on his behalf. Alvin gave Simon a
special power of attorney (SPA) in writing and in a public instrument.
Simon was able to sell the farm to Theodore for P1,000,000. There has
been no mention of any compensation between Alvin and Simon in case of
a successful sale. Even then, Simon is still expected to receive such
compensation. T
8) Alvin owns a mango farm. Since other countries are now accepting
tourists, Alvin plans to travel to Singapore for some rest and relaxation.
He asked his good friend Simon to be his agent to manage the farm and
exercise acts of administration. In this case, the contract of agency
between Alvin and Simon is a general one. T
9) Alvin owns a mango farm. Since other countries are now accepting
tourists, Alvin plans to travel to Singapore for some rest and relaxation.

He asked his good friend Simon to be his agent to manage the farm’s
payables. Hence, Simon is to see to it that once due, all the farm’s
obligations are properly paid. In this case, the agency between Alvin and
Simon is a general one. F
10) Alvin owns a mango farm. Since other countries are now accepting
tourists, Alvin plans to travel to Singapore for some rest and relaxation.
He asked his good friend Simon to be his agent to manage the farm’s
payables from operations, as part of the administration thereof. Hence,
Simon is to see to that that once due, such obligations are properly paid.
In this case, Simon must have an SPA from Alvin. F

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Multiple Choice
11) Brittany owns a convenience store. Sometimes she goes on
business travels to check on supplies and prices. For those times that
she’s away, she asks her best friends Eleanor and Jeannette to help her in
the business. One day, Brittany planned a one-week trip to the capital city
to check on new business opportunities. She asked Eleanor to help her in
the store. For the following actions of Eleanor, which among them would
need a special power of attorney?
a) To pay the electricity bills
b) To purchase office supplies
c) To loan money for the business
d) To change the color of a stall
12) Eleanor owns a convenience store. Sometimes she goes on
business travels to check on supplies and prices. For those times that
she’s away, she asks her best friend Jeannette to help her in the business.
One day, Eleanor planned to expand the business and open another store.
Since she does not have enough cash, she’s planning to mortgage her
motorcycle for P10,000. She asked Jeanette to be her agent for such
undertaking and Jeannette accepted. Eleanor then gave Jeannette an SPA
for such purpose. Jeannette was able to convince Simon to loan Eleanor
the money with the motorcycle as the security, but Simon wanted the
contract to be a sale and not just a mortgage. Can Jeannette properly
enter into such contract of sale?
a) yes, since the primary reason for such agency is to generate cash for
Eleanor’s business
b) no, since a special power of attorney would not enable an agent to
either sell or mortgage a property

c) she can properly enter into such contract since a special power to
mortgage includes the power to sell
d) she cannot properly enter into such contract since a special power to
mortgage does not include the power to sell
13) Which of the following is not true?
a) A special power to compromise authorizes the agent to submit the case
to arbitration
b) A special power to compromise does not authorize submission for
arbitration
c) A special power of attorney is necessary in case of a compromise
d) A special power of attorney is necessary to effect novations
14) Is an agency that comprises only acts of administration, even if the
principal should state that he withholds no power or that the agent may
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 perform such acts he may consider appropriate, or even though the
agency should authorize a general and unlimited management
a) A general agency
b) A special agency
c) An agency couched in general terms
d) An agency to sell
15) Eleanor asked her friend Alvin to be her agent in selling her pink
motorcycle. The contract between Eleanor and Alvin is in writing. Alvin
eventually was able to sell the motorcycle to Simon for P30,000. Which of
the following corresponds to the legal provisions?
a) The contract of agency is valid and the contract of sale is void
b) The contract of agency and the contract of sale are valid
c) Eleanor is the principal and Simon is the agent
d) Eleanor is the principal and Alvin is the seller of the motorcycle

Agency

(Articles 1901-1909)

True / False

1) Private or secret instructions of the principal do not prejudice third persons

who have relied upon the power of attorney or instructions shown them. T
2) The commission agent shall be responsible for the goods received by him
in the terms and conditions and as described in the consignment. T
3) The commission agent who handles goods of the same kind, which belong
to different owners, may mix such goods for as long as they are of the
same quality. F
4) Summer asked Gonzo to sell her works of art for and on her behalf. Gonzo
accepted and the two friends agreed for Gonzo to be a commission agent
of Summer. Gonzo then sold, on credit, all of Summer’s works of art to
Ms. Nanny. In this case, the sale to Ms. Nanny is void. F
5) Summer asked Gonzo to sell her works of art for and on her behalf. Gonzo
accepted and the two friends agreed for Gonzo to be a commission agent.
Summer also authorized Gonzo to sell on credit if he so wishes. Gonzo
then sold on credit the works of art to Ms. Nanny but forgot to inform

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 Summer of such credit sale. In this case, as far as Summer is concerned,
the sale shall be deemed to have been made for cash. T
6) Kermit asked his best friend Fuzzy to be his agent to sell his toy car. The
two friends stipulated that Fuzzy will be a commission agent and in
addition, will also receive a guarantee commission. In this case, Fuzzy wil
become an agente de credere or a guarantee commission agent. T
7) The commission agent who does not collect the credits of his principal at
the they become due and demandable shall be liable for the interests and
damages, unless he proves that he exercised due diligence for that
purpose. T
8) An agent is responsible for fraud, but not for negligence in the
performance of the agency. F
9) A third person may set up the fact that the agent had exceeded the limits
of his authority notwithstanding the subsequent approval of the principal
to the acts of the agent. F
10) The guarantee commission agent shall pay to the principal the price of
the goods in case the buyer was not able to pay for such on time. T

Multiple Choice

11) Kermit asked his best friend Fuzzy to be his agent to sell his toy car.
The two friends stipulated that Fuzzy will be a commission agent. Fuzzy
then sold, on credit, the toy car to Summer for P1,000. Which is true?
a) Kermit will have to respect the terms of the contract of sale between
Fuzzy and Summer since Fuzzy is his agent
b) Kermit can demand that a new contract of sale be made
c) Kermit may demand from Fuzzy the payment in cash
d) Kermit can invalidate the contract

12) Kermit asked his best friend Fuzzy to be his agent to sell his toy car.
The two friends stipulated that Fuzzy will be a commission agent. Fuzzy
then sold, on credit, the toy car to Summer for P1,000 payable three
months thereafter with an interest of P50. Kermit then demanded
payment in cash from Fuzzy to which Fuzzy complied. When the
obligation became due, Fuzzy demanded payment from Summer and

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 Summer paid him the sum pf P1,050. Who owns the P50 interest in this
case?
a) Kermit, since he is the principal
b) Kermit, since it is the obligation of the agent to to turnover to the
principal whatever interests he receives by reason of the agency,
eventhough such might not be owing
c) Fuzzy, since he is a commission agent
d) Fuzzy, since Kermit only told him to sell for P1,000

13) Which of the following is not true?

a) A commission agent does not receive a commission for the goods sold
through a contract of agency
b) A commission agent may sell the goods on credit and such sale is a
valid sale

c) A guarantee commission agent receives a guarantee commission in

addition to the ordinary commission
d) A commission agent is expected to sell the goods for cash

14) Kermit is the agent of Fuzzy for the sale of Fuzzy’s piece of residential
land. Kermit found a buyer in the person of Summer who is interested in
the property. If Summer is your client, what woud you advise her before
purchasing the property?
a) That Summer should ask Kermit the presentation of the power of
attorney
b) Call Fuzzy and if Fuzzy is not currently available, wait for him to be so
c) Call Fuzzy and determine if he is really the owner of the property
d) To trust Kermit completely that when he says that he is the agent of
Fuzzy, then he must be so

15) A benefit that is given to a guarantee commission agent that is not

given to any other agent
a) Compensation
b) Commission

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 c) Guarantee commission
d) Discount

Chattel Mortgage, Mortgage, Antichresis

1) Chattel mortgage
❖ Personal property is recorded in the Chattel Mortgage Register as a
security for the performance of an obligation

❖ Sheriff Callie would like to borrow P10,000 from Priscilla. Priscilla

consented thereto for as long as Callie will constitute her pink lasso
as a security for the fulfillment of the obligation, which Callie
accepted. In this instance, what kind of contract is entered into
between the parties?
- The contract of chattel mortgage

❖ Sheriff Callie would like to borrow P10,000 from Priscilla. Priscilla

consented thereto for as long as Callie will constitute and deliver her
pink lasso as a security for the fulfillment of the obligation, which
Callie accepted. In this instance, what kind of contract is entered
into between the parties?
- The contract of pledge

2) Mortgage
❖ Immovable property or alienable real rights are constituted as
security for the performance of an obligation

❖ Sheriff Callie would like to borrow P10,000 from Priscilla. Priscilla

consented thereto for as long as Callie will constitute her mango
farm as a security for the fulfillment of the obligation, which Callie
accepted. In this instance, what kind of contract is entered into
between the parties?
- The contract of mortgage

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 ❖ Sheriff Callie would like to borrow P10,000 from Priscilla. Priscilla
consented thereto for as long as Callie will constitute and deliver her
mango farm as a security for the fulfillment of the obligation, which
Callie accepted. In this instance, what kind of contract is entered
into between the parties?
- The contract of antichresis
3) Antichresis
⮚ A contract where the creditor acquires the right to receive the fruits
of an immovable of his debtor, with the obligation to apply them to
the payment of the interest, if owing, and thereafter to the principal
of the credit

⮚ Sheriff Callie would like to borrow P10,000 from Priscilla. Priscilla

consented thereto for as long as Callie will constitute and deliver her
mango farm as a security for the fulfillment of the obligation, which
Callie accepted. During the pendency of the obligation, mango fruits
were harvested from the farm. Who has the right to harvest such
fruits?
- Priscilla, the antichretic creditor, since she is the one who is in
possession of the farm.

⮚ Sheriff Callie would like to borrow P10,000 from Priscilla. Priscilla

consented thereto for as long as Callie will constitute and deliver her
mango farm as a security for the fulfillment of the obligation, which
Callie accepted. During the pendency of the obligation, mango fruits
were harvested from the farm. As the antichretic debtor, what tis the
right of Callie as regards the mango fruits?
- Sheriff Callie has the right to demand that the value of the fruits
be deducted from the interest, if owing, and if not, to the
principal of the obligation

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 Interactive Short Notes
(Articles 1595-1599)

1) In a contract of sale, when the title of the goods has been transferred to
the buyer and he wrongfully neglects to pay for the same according to the
terms of the contract, the seller may maintain an action against the buyer
for the price of the goods.

2) Question #1: Lisa and Jennie entered into a contract of sale for a piece of
land situated in the Province of Cebu. The two girls entered into such
contract on March 15, 2023. They stipulated that the buyer Lisa will pay
the price of P1,000,000 on March 28, while delivery thereof will be done by
the Jennie the seller on April 15 of the same year. On April 10, Lisa had
not yet paid the price, so Jennie demanded the immediate payment
thereof. Lisa refused such demand contending that the possession and
ownership of the land are still with Jennie. Who is correct between the
two?

Answer #1: Jennie, the seller, since the seller in a contract of sale may
maintain an action for the price although the ownership of the thing has
not yet been transferred to the buyer thereof.

3) In a contract of sale, if the buyer wrongfully neglects or refuses to accept

and pay for the price, the seller may maintain an action against him for
damages for non-acceptance.

4) Question #2: Jennie and Jisoo entered into a contract of sale, where
Jennie will deliver to Jisoo a specific pink bag and Jisoo will pay P10,000
for it. On the day of the delivery thereof, Jennie delivered to Jisoo a peach
bag with the same specifications, but valued at a higher price, although
Jennie is okay with the original price of P10,000. Although the peach bag
is more expensive than the stipulated pink bag, Jisoo still refuses to accept
it. Can Jennie maintain an action against Jisso for damages for
non-acceptance?

Answer #2: No, since the refusal of Jisso to accept the delivery is with a
valid cause or reason.

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5) Instances when the seller can rescind the contract while the goods are still
in his possession
a) the buyer has repudiated the contract of sale
b) the buyer has manifested his inability to perform his obligations in the
contract
c) the buyer has done actions that are in contravention to the terms of
the contract

6) Course available to the buyer in case the seller has broken a contract to
deliver specific or ascertained goods
⮚ The buyer can ask the court, to direct the seller, for the specific
performance of the contract, without giving to the seller the option
of retaining the goods on payment of damages

7) The seller is expected to warrant the things sold. The following are the
options available to the buyer in case the seller was not able to comply
with his obligation (note: when the buyer has claimed and been granted a
remedy in anyone of these ways, no other remedy can thereafter be
granted)
a) Accept or keep the goods and set up against the seller his obligations in
accordance with the warranty
b) Accept or keep the goods and maintain an action against the seller for
the damages caused
c) Refuse to accept the goods and maintain an action against he seller for
his obligations under the warranty
d) The buyer may sue for the rescission of the contract

8) Question #3: Lisa and Rose entered into a contract of sale for a pair of
white shoes. Lisa specifically told her friend Rose that she is willing to buy
a pair of white walking shoes that she can use in her exercise routine. On
the day of the delivery, Rose delivered to Lisa a pair of good white shoes
that are suited for dancing. Can Lisa hold her friend, the seller Rose,
accountable for warranty as to merchantability?

Answer 3#: No, since the pair of white shoes delivered as such by Rose
are of good quality and is suitable for the footwear’s general purpose.

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9) Question #4: Lisa and Rose entered into a contract of sale for a pair of
white shoes. Lisa specifically told her friend Rose that she is willing to buy
a pair of white walking shoes that she can use in her exercise routine. On
the day of the delivery, Rose delivered to Lisa a pair of good white shoes
that are suited for dancing. Can Lisa hold her friend, the seller Rose,
accountable for warranty as to fitness?

Answer #4: Yes, since the pair of shoes, as delivered, do not correspond
for its specific use and purpose, which is for walking. As such, the pair of
shoes, although of good condition, are not fit for the intended purpose.

10) Question #5: Lisa and Rose entered into a contract of sale for a pair of
white shoes. Lisa specifically told her friend Rose that she is willing to buy
a pair of white walking shoes that she can use in her exercise routine. On
the day of the delivery, Rose delivered to Lisa a pair of good white shoes
that are suited for dancing. Lisa, although noting that the pair of shoes
were dancing shoes, tried them on and liked it right away. She kept the
shoes for a couple of weeks and used them in the dancing classes that she
started attending. Can Lisa later on hold Rose accountable for her
warranty as to fitness and rescind the contract of sale?

Answer #5: Not anymore, since Lisa, at first, accepted the goods without
protest and fails to notify Rose within a reasonable time of her plan to ask
for the rescission of the contract.

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