Read the full judgment text of CACV 000096/1996 on BabelCite. This Court of Appeal judgment.
1. This case is one of sale of goods. The plaintiff sold fabrics to the defendant under three agreements. It is the allegation of the plaintiff that the sale was by description and on implied conditions. On the other hand, the defendant's case is that the sale was by sample. Be that as it may, defects, so the plaintiff says, were discovered after delivery and in fact they came to light after the fabrics had been processed by the plaintiff's sub-buyers. So, it is a case in which claims were made