A Summary of Contracts to Sell And Sales of Personal Property At Common Law Wit
A Summary of Contracts to Sell And Sales of Personal Property At Common Law Wit
Frank a Frank Alexander Erwin
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616 ; Day v. Pool, 52 N. Y. 416. ) " The rule is the same whether the goods are in existence at the time of the contract of sale or are to be manufactured, although it is sometimes said that such a sale is not techni- cally one by sample. (Brigg v. Hilton, 99 1ST. Y. 517; Gur- ney v. Atlantic & G. W. Ry. Co. , supra. ) " The mere exhibition of a sample is not of itself an agree- ment to sell by sample, and it is usually a question of fact for the jury to decide whether, under all the circumstan...ces, the parties intended that the sale should be made in that way. Even if the word ' sample ' is used in a written order for goods to be manufactured, the sale is not by sample if the order contains minute specifications and descriptions, involv- ing a great number of changes, variations and differences WARRANTY. 107 between the article to be made and the sample shown. (Smith v. Coe, 55 App. Div. 585; affirmed, 170 N. Y. 162. ) "A sale, however, may be made partly by description and partly by sample, and in that event the goods must corres- pond to the description in the respect covered thereby, and to the sample in other respects.
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