Story Case

When Mr. Archie Klemmer, agent for the Pittsburg Glass and Paint Company, called on his old customers, Randall and Sons, painters and decorators, he told them of a new putty which was superior to anything in the market. After examining a sample box of the putty, Mr. Randall said, "Archie, I've been looking forty years for a putty that will not turn yellow under white paint." The rejoinder was, "Test your putty for a week. I'll then return and take your order." The test was made and Mr. Randall gave his order for 2,000 pounds, saying, "It's the only putty I ever saw that would not stain white paint!" The 2,000 pounds arrived; but Randall found that, although the putty was in some respects better than the other brands, like all the rest it turned white paint yellow. In the subsequent suit, Mr. Randall demonstrated before the jury that the sample putty and the delivered putty were vastly different, in that the sample did not discolor white paint, whereas the other did. The Pittsburg Company insisted that this was not material, inasmuch as Mr. Klemmer had made no representation about the putty. Who should receive judgment?

Ruling Court Case. Bradford Vs. Manly, Volume 13 Massachusetts Reports, Page 138; Volume 7 American Decisions, Page 122

Manly entered Bradford's store and offered to sell him some cloves, at the same time exhibiting him a sample. The sample shown was of the very best quality. Bradford agreed to purchase six hundred and two pounds at $1.50 a pound. When the consignment arrived, Bradford found that it was not Cayenne cloves but a much more inferior quality. Thereupon, Bradford brought this action to recover damages.

Manly contended that he had warranted, neither expressly nor by implication, that the consignment would be like the sample shown.

Mr. Chief Justice Baker said: "The fair import of the exhibition of a sample is that the article proposed to be sold is like that which is shown as a parcel of the article. It is intended to save the customer the trouble of examining the whole quantity. It certainly means as much as this: 'The thing I offer to sell is of the same kind, and essentially of the same quality, as the specimen I give you.' " Judgment was given for Bradford.

Ruling Law. Story Case Answer

Another exception to the rule of Caveat Emptor is shown when goods are sold by sample. If a seller exhibits samples of goods, which are examined by the buyer, and on which he relies in buying, there is an implied warranty that the goods bought are essentially of the same quality as the sample exhibited. The very exhibition of the sample is equivalent to the statement that the goods bought are to be substantially of the same quality, or else why was the sample shown?

It is clear, in the Story Case, that no warranty was made by Mr. Klemmer, but it is quite obvious that Randall and Sons purchased the putty, because of the single desirable merit which it possessed. Since the delivered putty was not as good as the sample, Randall and Sons may recover.