1 that section of a deed or conveyance (sometimes referred to as the particulars) in which the lands being transferred are described. The description maybe verbal or by reference to a plan. Where the conveyance contains both a verbal description and a plan, questions may arise as to which has precedence, especially where the two appear to conflict. In all cases this will be a question of construction of the language of the particular deed.
2 where there is a contract for the sale of goods by description, there is an implied term that the goods will 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 of the goods if they do not also correspond with the description. A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.
Collins Dictionary of Law © W.J. Stewart, 2006
DESCRIPTION. A written account of the state and condition of personal
property, titles, papers, and the like. It is a kind of inventory, (q.v.)
but is more particular in ascertaining the exact condition of the property,
and is without any appraisement of it.
2. When goods are found in the possession of a person accused of
stealing them, a description ought to be made of them. Merl. Rep. h.t.
3. A description is less perfect than a definition. (q.v.) It gives
some knowledge of the accidents and qualities of a thing; for example,
plants, fruits, and animals, are described by their shape, bulk, color, and
the like accidents. Ayl. Pand. 60.
4. Description may also be of a person, as description of a legatee. 1
Roper on Leg. chap. 2.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.