Antiques were delivered to Mrs F on 7 days sale or return. After only 2 days, a sheriff acting on behalf of one of Mrs F’s creditors entered her premises and seized the antiques. She took no further action during the 7 days period. Subsequently the dealer claimed them from the sheriff.
Held Mrs F had not 'retained' the antiques for 7 days within the meaning of Rule 4(b) and accordingly they still belonged to the dealer who was entitled to recover them from the sheriff.