Question
Schuter & Co. owned two volumes of a rare edition of Geoffrey Chaucer's Canterbury Tales. One volume was in excellent condition. The second volume was
Schuter & Co. owned two volumes of a rare edition of Geoffrey Chaucer's Canterbury Tales. One volume was in excellent condition. The second volume was in poor shape, but nevertheless intact. Schuster & Co, sold both volumes to MacPherson, a rare book merchant. MacPherson loaned the two volumes to a local library for a rare-book display. Unknown to MacPherson, only the volume in excellent condition was put on display with a collection of other rare books. The second copy was placed in display designed to show how rare books might be repaired, but the book was placed in such a position that neither its title nor its content could be determined. A week after the books had been returned to their owner, Holt, a collector of rare books, telephoned MacPherson to determine if he had a copy of the Cantrbury Tales for sale. MacPherson replied that he did, but it was "not in top shape". Holt then asked if the copy had been on display ay the library, and MacPherson said, "yes". Holt informed MacPherson that she had seen the display of books at the library and would be interested in purchasing the volume. A price was agreed upon, and Holt sent a cheque to MacPherson for the agreed amount. MacPherson sent the volume that was in poor condition to Holt by courier. On its receipt, Holt complained that the volume was not the same one that had been on display at the library. MacPherson maintained that it waas aand refused to return Holt's money. Holt brought an action again MacPherson for a return of the money that she had paid MacPherrson. Indicate the nature of Holt's claim and express an opinion as to the outcome of the case.
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