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sample (sale by, implied term)a contract of sale is a sale by sample where there is an express or implied term to that effect in the contract. Where there is a sale by sample there is an implied condition:
- (1) that the bulk will correspond with the sample in quality;
- (2) that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
- (3) that the goods will be free from any defect, rendering them unacceptable, which would not be apparent on reasonable examination of the sample.
If a sale is by sample as well as by description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description. It is the duty of the seller to make the sample available to the buyer for comparison.
SAMPLE, contracts. A small quantity of any commodity or merchandise,
exhibited as a specimen of a larger quantity called the bulk. (q.v.)
2. 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. R. 113; vide 2 East, 314; 4, Campb. R. 22; 12 Wend. 566 9 Wend. 20; 6 Cowen, 354; 12 Wend. 413. See 5 John. R. 395.