Sale by description.—Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. If the sale is by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Conditions as to with the maxim at the head of this article, there is generally no implied warranty or condition as to the quality or fitness, for any particular purpose, of goods supplied under a contract of sale. There are only two classes of exceptions to this rule, the first of which is created by special statutes, as, for example, in the case of CHAIN (q.v.) cables, the seller of which is by special statute held to warrant their quality and fitness, whether he actually does so in fact or not. The second class is created by the Sale of Goods Act, which contains the following exceptions to the rule : (1) Where ticc buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he is the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose. But in the
case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose. (2) Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not), there is an implied condition that the goods are of merchantable quality ; but :f the buyer has examined the goods there will be no implied condition as regards defects which the examination ought to have revealed. (3) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition will not negative a warranty or condition implied by the Sale of Goods Act unless inconsistent therewith. See SALE OF GOODS; SAMPLES.