Sample

' In the law of sales, that which is taken out of a large quantity as a representative of the whole; a part shown as a specimen.'" The fair import of the exhibition of a sample is that the article to be sold is like that shown as a par- 1 The Island City, 1 Black, 130 (1861), Grier, J. = The Connemara, 108 U. S. 357-69 (1883), oases.

Gray, J.; The Tornado, 109 id. 115 (1888). See generally The Egypt, 17 F. R. 367-76 (1883), oases; 9 id. B3, 480; 10 id. E56; 1 Bened. 553; 10 id. 73-74; 1 Sumn. 216; 1 Bond, 117, 270; 2 id. 375; 1 Cliff. 220; 3 Woods, 149. ' 2 Kent, 555: Coke, Litt. 20 6, 385 5. * Carpo V. Brown, 40 Iowa, 493 (1875), Day, J. » United States v. Cashiel, 1 Hughes, 560 (1863). 8 Brockway v. Eowley, 66 111. 99 (1878). ' O. F. ensample, a corruption of example, exemple: ■ eel.

The object is to save the purchaser the trouble of examining the whole quantity.' The rule of caveat emptor does not apply, because there is no opportunity for a personal examination of the i Dulk of the <;ommodity which the sample is said to represent.^ A warranty is implied that the bulk corresponds to the sample in nature and quality. But if the sample is fairly drawn from the bulk, and there is a defect in both, unknown and not discoverable by examination, ■ there is no such warranty. A specimen may be shown to enable the purchaser to form an opinion of its probable qualities without any intention in the seller to warrant all the goods to be equal to it. Opportunity to examine the bulk is a strong circumstance against considering the sale a sale by sample.'

See Caveat, Emptor; Warranty, 2.