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Varley v Whipp [1900] 1 QB. 513 is an English Contract Law case concerning the breach of contract for the sale of goods by description.
Varley v Whipp [1900] 1 QB. 513 is an English Contract Law case concerning the breach of contract for the sale of goods by description. Facts: The defendant bought a reaping machine from the plaintiff. The plaintiff described the machine to be new the previous year and to have only cut 5060 acres in total. The defendant never saw the machine, however, based on the plaintiff's description he bought one. Shortly after the machine was delivered, the defendant discovered that it did not comply with the plaintiff's description and therefore, wrote him a letter, stating that it would be of no use to him and wished to return it. Consequently, the plaintiff brought an action against the defendant to recover the price. The plaintiff's solicitor claimed that the contract established was a contract for the sale of 'specific goods'. Conversely, the defendant's solicitor held that the contract was for the sale by description. Therefore, they maintained that by delivering the machine that did not correspond with the plaintiff's description, the plaintiff breached a condition implied by s. 13 Sale of Goods Act 1893, which entitled the defendant to reject the product
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