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Daughtrey v. Ashe
Supreme Court of Virginia
413 S.E.2d 336, 336-37 (Va. 1992)
Daughtrey (plaintiff) purchased a diamond bracelet from Ashe (defendant) for a price of $15,000. During the parties’ discussions about the bracelet, Ashe simply described the diamonds as “nice.” However, upon sale, Ashe completed an appraisal form in which the quality of the diamonds was described as “v.v.s.” Later, Daughtrey learned that the diamonds were of a lower quality than v.v.s. He then requested that Ashe replace the bracelet with one containing true v.v.s. quality diamonds, but Ashe refused. Daughtrey then brought an action for specific performance to compel Ashe to replace the bracelet. Ashe contended that his statement in the appraisal form was not an express warranty because it was designated “for insurance purposes only,” was a matter of opinion instead of a statement of fact, and was not a part of the basis of the bargain. The trial court agreed with Ashe and denied relief for breach of warranty. Daughtry appealed.
Rule of Law
Holding and Reasoning (Whiting, J.)
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