Passage or principleOriginal legal principle and fact scenarios
In a sale by sample, there is an implied condition that the bulk will correspond with the sample in quality. The buyer must receive a reasonable opportunity to compare the bulk with the sample. The goods must also be free from a defect making them unmerchantable where the defect is not apparent on reasonable examination of the sample. In a sale by description, the goods must correspond with the description. If a sale is by both sample and description, matching the sample alone is insufficient when the goods do not match the description. These rules concern conformity, not perfection. A defect that does not violate the applicable sample, description, or merchantability condition does not automatically establish breach. Apply only these principles.