to

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Ch. 31. No. 9.]

Sale of Goods.

buyer relics on the seller’s skill or judgment, and the
goods are of a description which it is in the course of
the seller’s business to supply (whether he be the
manufacturer or not), there is an implied condition
that the goods shall be reasonably fit for such purpose:
Provided that in the case of a contract for the sale
of a specified article under its patent or other trade
naune, there is no implied condition as to its fitness
for any particular purpose ;

(6) when goods are bought by description from a
seller who deals in goods of that description (whether
he be the manufacturer or not), there is an implied
condition that the goods shall be of merchantable
quality: Provided that if the buyer has examined
{he goods, there shall be no implied condition as
regards defects which such examination ought to have
revealed ;

(c) an implied warranty or condition as to quality or
fitness for a particular purpose may be annexed by the
usage of trade;

(7) an expre. warranty or condition does not
negative a warranty or condition implied by this
Ordinance unless inconsistent therewith.

Sale by sample.

17. (1) A contract of sale is a contract for sale by sample

where there is term in the contract, express or implied,
to that effect.

(2) In the case of a contract for sale by sample, there

(a) an implied condition that the bulk shall corres-
pond with the sample in quality;

(6) an imphed condition that the buyer shall have a
reasonable opportunity of comparing the bulk with the
sample ;

(c) an implied condition that the goods shall be free
from any defect rendering them unmerchantable which
would not be apparent on reasonable examination of the
sample.