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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. (1) that the bulk will correspond with the sample in quality;
  2. (2) that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
  3. (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.

References in periodicals archive ?
All of the 11 homes sampled in this study revealed detectable concentrations of lead on surfaces when measured directly with the XRF Of these 11 homes, nine revealed detectable concentrations of lead on surface wipe samples. The results of the XRF and surface wipe sampling for each sample surface are presented in Table 1.
The Pearson correlation coefficient was calculated on the mean logged values between deck wipe samples and indoor samples (Table 3) at each location.
The mean lead concentration found in kit wipe samples, by tree age category, as well as the percentage of trees in each age category with lead levels that exceeded the detection limit, are shown.
Wipe samples from three types of surfaces (floors, toys, and children's hands) were collected in each borne, following protocols described elsewhere (Geno et al.
Dust wipe samples were taken at the 12-month housing inspection by experienced visual inspectors certified by the Maryland Department of the Environment.
Twenty-four-hour urine samples were collected from 398 healthcare employees--nurses, technicians, and pharmacists--who handled ADs at the same time as when the wipe samples were collected.
(%) positive swine sampled reported rRT-PCR Isolation A Yes 20 20 (100) 18 (90) B No 20 17 (85) 17 (85) C No 20 20 (100) 18 (90) D No 20 18 (90) 14 (70) E Yes 20 20 (100) 18 (90) F No 20 15 (75) 12 (60) * Nasal swab or nasal wipe samples were collected from swine at the end of the fair.
During renovations ordered under subpart L, occupants of the home must be vacated from the property until final dust wipe samples indicate compliance.
They took wipe samples of walls, ducts, window sills and other parts of the home, later sending them to a lab to be analyzed.
During our first visit to the facility, we conducted confidential medical interviews with 40 employees, observed work processes and practices, collected general area air samples for volatile organic compounds (VOCs), and collected surface wipe samples for lead and tin.
Forty seven wipe samples were taken and analyzed for pesticide residue.