Contemporary Business Law 8th Edition by Henry Cheeseman

تمرين 5

Express Warranty W. Hayes Daughtrey consulted Sidney Ashe, a jeweler, about the purchase of a diamond bracelet as a Christmas present for his wife. Ashe showed Daughtrey a diamond bracelet that he had for sale for $15,000. When Daughtrey decided to purchase the brace­let, Ashe completed and signed an appraisal form that stated that the diamonds were "H color and v.v.s. quality." (v.v.s. is one of the highest ratings in a jeweler's quality classifica­tion.) After Daughtrey paid for the bracelet, Ashe put the bracelet and the appraisal form in a box. Daughtrey gave the bracelet to his wife as a Christmas present. One year later, when another jeweler looked at the bracelet, Daughtrey dis­covered that the diamonds were of substantially lower grade than v.v.s. Daughtrey filed a specific performance suit against Ashe to compel him to replace the bracelet with one mounted with v.v.s. diamonds or pay appropriate damages. Has an express warranty been made by Ashe regarding the quality of the diamonds in the bracelet? Who wins? Daughtrey v. Ashe , 243 Va. 73, 413 S.E.2d 336, Web 1992 Va. Lexis 152 (Supreme Court of Virginia)