If, on account of the averages, the goods are rendered useless for purposes of sale or consumption in the manner proper to the same the consignee shall not be bound to receive them, and may leave them in the hands of the carrier, demanding payment therefor at current market prices.
If among the goods damaged there should be some in good condition and without any defect whatsoever, the foregoing provision shall be applicable with regard to the damaged ones, and the consignee shall receive those which are perfect, this separation being made by distinct and separate articles, no object being divided for the purpose, unless the consignee proves the impossibility of conveniently making use thereof in this form.
The same provision shall be applied to merchandise in bales or packages, with distinction of the packages which appear perfect.
History —Commerce Code, 1932, § 283.