Sample

A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity, called the "bulk." A fair representation of the whole; a part shown as a specimen. 33 Gratt. (Va.) 904. When a sale is made by sample, and it afterwards turns out that the bulk does not correspond with it, the purchaser is not, in general, bound to take the property on a compensation being made to him for the difference. 1 Campb. 113. See 2 East, 314; 4 Campb. 22; 9 Wend. (N. Y.) 20; 12 Wend. (N. Y.) 413, 566; 5 Johns. (N. Y.) 395; 6 N. Y. 73, 95; 13 Mass. 139; 2 Nott & McC. (S. C.) 538; 3 Rawle (Pa.) 37; 14 Mees & W. 651. SANAE MENTIS (Lat.)

In old English law. Of sound mind. Fleta, lib. 3, c. 7, § 1. dained against those who should violate it. Inst. 2. 1. 10.

A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity called the bulk. A part shown as a specimen. Webber v. Com., 33 Gratt (Va.) 909. When a sale is made by sample, the vendor warrants the quality of the bulk to be equal to that of the sample; Benj. Sales § 648; and if it afterwards turn out that the bulk does not correspond with the sample, the purchaser is not, in general, bound to take the property on a compensation being made to him for the difference; 1 Camp. 113. See Sands v. Taylor, 5 Johns. (N. Y.) 395, 4 Am. Dec. 374; Bor rekins v. Bevan, 3 Rawle (Pa.) 37, 23 Am. Dec. 85; 14 M. & W. 651. It is held that the vendor does not warrant goods, as fit for a particular purpose; Kauffman Milling Co. v. Stuckey, 37 S. C. 7, 16 S. E. 192. To constitute a sale by “sample,” the contract must be made solely with reference to the sample; Bradford v. Manly, 13 Mass. 139, 7 Am. Dec. 122. Not every sale where a sample is shown is a sale by sample; there must be an understanding, expressed or implied, that the sale is by sample; Barnard v. Kellogg, 10 Wall. (U. S.) 3S3, 19 L. Ed. 987; Gunther v. Atwell, 19 Md. 157. The mere exhibition of a sample is but a representation that it has been fairly taken from the full; Hargous v. Stone, 5 N. Y. 73. In Pennsylvania it has been held that in the absence of fraud or representation as to the quality, a anty that the goods shall be similar in kind and merchantable; Boyd v. Wilson, 83 Pa. 319, 24 Am. Rep. 176; but the rule was changed by statute in 1887, the decision having been unsatisfactory to the profession and the public. Although goods sold by sample are not in general deemed to be sold with an implied warranty that they were merchantable, the facts and circumstances may justify the inference that this implied warranty is superadded to the contract; L. It. 4 Ex. 49. If a manufacturer agrees to furnish goods according to sample, the sample is to be considered as if free from any secret defect of manufacture not discoverable on inspection, and unknown to both parties; L. R. 7 C. P. 438; but if the sale is made by a merchant, who is not a manufacturer, there is no implied warranty against secret defects; Dickinson v. Gay, 7 Allen (Mass.) 29, 83 Am. Dec. 65G. It is an implied condition in a sale by sample that the buyer shall have a fair opportunity of comparing the bulk with the sample, and an improper refusal by the vendor to allow this will justify the buyer in rejecting the contract; 1 B. & G. 1. See Benj. Sales § 649; Sales; Warranty.

A specimen; a small quantity ef any commodity, presented for inspection or examination as evidence of the quality of the whole; as a sample of cloth or of wheat

— Sample, sale by. A sale at which only a sample of the goods sold is exhibited to the buyer.

A small quantity taken from the bulk purpose of showing its quality.

' 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.