Daughtrey v. Ashe
Virginia Supreme Court
413 S.E.2d 336 (1992)
- Written by Joseph Bowman, JD
Facts
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. Daughtrey appealed.
Rule of Law
Issue
Holding and Reasoning (Whiting, J.)
What to do next…
Here's why 802,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
