If the seller says, “Give me the shells, since you claim that the contract is invalid,” he is not entitled to them, because they ordinarily have no value and are thrown into the rubbish.
If it is a watermelon, and when he cuts it open he finds it spoiled, may he recover the full price?
The answer is that he may not recover the full price, because this watermelon may be used as fodder for animals. Thus, it is said to him: You may return it, but you must compensate for the cut that you made. The difference between it and an egg is that no benefit is derived from an eggshell, unlike a watermelon.
His statement, “The option due to a defect may be deferred” (1), means that the buyer is not required to demand rescission on account of the defect as soon as he becomes aware of it; rather, he may delay his demand. Thus, if he learns of the defect at the beginning of the day but does not demand return until the end of the day, he is entitled to do so. Had we held that it must be exercised immediately, then if he learned of it at the beginning of the day and did not demand return until its end, he would have no option. However, the correct view is that it may be deferred, because it is a right belonging to the buyer, and he is not required to claim it immediately. It is not forfeited except by something indicating that he has waived it. Some scholars, however, maintain that it may be deferred so long as the delay does not harm the seller, and this view is more likely to be correct.
His statement, “So long as no indication of acceptance is found”: indications of acceptance take several forms.
The first is that he expressly states it, saying to the other party: “So-and-so sold me an item, and I found it defective; but in consideration of his right over me, I am content with it and will not demand its return.” This is explicit, so after making this statement he cannot return it.
The second is that, after learning of the defect, he disposes of it by selling it, dedicating it as an endowment, pledging it as collateral, or the like. According to the established position of the school, his option is forfeited, because his disposal of it indicates that he accepts it.
The correct view, however, is that this requires further detail. If he says, “I disposed of it while accepting the compensation for the defect and not seeking return,” then he is entitled to that compensation. But if he says, “I disposed of it while waiving the option,” then his option is forfeited, because the matter returns to his intention.
If the seller says, “I want him to swear that he disposed of it only because he accepted the compensation, not because he accepted the defect,” then he is required to swear. It is said to him: “Swear that you disposed of it in confirmation of the contract and in acceptance of the compensation.” Once he has sworn, the matter is entrusted to his conscience.