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sale by sample

Defined in 2 dictionaries — Case Law, Ballentine's (1916)

Definitions from Case Law

From 22 U.S. 616 - The Monte Allegre · 1824Most cited · 44 citing opinions

if the nature or situation of the property is such that it cannot be conveniently examined in bulk, he has a right, and it is for the convenience of trade that he should be permitted, to select a portion, and exhibit it as a specimen or sample of the whole; and that he should be held responsible for the truth of such representation. The broker is his special agent for this purpose, and goes into the market, clothed with authority to bind his principal. In such cases, if the article does not correspond with the sample, the injured purchaser knows where to look for redress.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A sale wherein the seller warrants all the goods to be similar in nature and quality to those exhibited. See 5 N. Y. 95, 55 Am. Dec. 321.