Columbian Iron Works & Dry Dock Co. v. Douglas

Citations

• 84 Md. 44
• 33 L.R.A. 103
• 34 A. 1118
• 1896 Md. LEXIS 85

Syllabus

<p>Sales—Description of the Thing Sold—Remedies of Buyer when a Different Article is Delivered—Construction of Contract—Condition— , Warranty—Inspection of the Goods by the Buyer—Contract Partly in Writing and Partly by Parol.</p> <p>When there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.</p> <p>When the contract between the parties is for the sale of a specific designated article, and some other similar article is delivered by the seller, such substitution is a breach of the contract, and no question of warranty is involved.</p> <p>Before a buyer can be compelled to accept anything in fulfillment of a contract of sale, it must be shown, not merely that it is equally as good as the thing sold, but that it is the same article bargained for, and none other.</p> <p>If a buyer has unwittingly received that which he has not bought, he has a right to return it; or, keeping it, to recoup, when sued for the price, the damages caused by the breach of the contract; or, if he has paid the purchase price, he may sue for the difference between that price and the market price of the substituted article delivered to him.</p> <p>Plaintiff agreed to buy from defendant a certain quantity of steel scrap, consisting only of clippings, etc., from the steel plates of cruisers built by the defendant for the United States Navy. After the steel scrap was delivered and paid for, it was found that of the total 159 tons shipped, 89 tons were cruiser steel and 70 tons were not, and plaintiff was obliged to sell the 70 tons for a much less sum than he paid for it. Held., that plaintiff was entitled to recover the difference between the price paid and the value of the article delivered.</p> <p>When there is a sale of goods by description, and the sale is made subject to inspection by the buyer, the description is not subordinated to the inspection unless the parties both agree to substitute an inspection by