In the United States, a sale made of goods by-description, where it is an executed contract of sale of goods, will carry with it a warranty that the goods will be as described, either as to kind, quality, name or title.21 The law does not require the use of formal words in describing the goods so sold, or that the goods be described with great particularity, and with exactness, in order to bind the seller;22 the description may appear in advertising matter or circulars brought home to the purchaser.

There is this limitation, however, on the rule as stated, that the use of mere words of commendation which have no fixed meaning would not thereby make the sale, one by description. So where in the commercial world a particular word or phrase is understood as having a particular limited meaning, the use of such a word or phrase will be confined to the sense in which it is ordinarily understood in the business.23