Cap. 16 Art. 1351When things are to be tasted or tried.

(1) In regard to things which, according to usage or by virtue of an express agreement, are to be tasted or tried before the purchase, the buyer shall not be bound until he has approved of them.

(2) This, however, shall not apply where the thing, which, according to usage only and not by virtue of an express agreement, is to be tasted or tried before the purchase, has not to satisfy the taste or the individual opinion of the purchaser, but the taste or trial is only necessary in order to ascertain whether the thing is of good and merchantable quality; and in any such case, if the thing is a specific thing and the price has been agreed upon, both parties are bound, but the contract shall be deemed to have been made under a suspensive condition, and the buyer shall be bound to accept the thing and pay the price thereof if it is proved that the thing is of a good and merchantable quality, although he does not approve of the thing.