Smith v. Zimbalist
2 Cal.App.2d 324, 38 P.2d 170 (Cal.App. 2 Dist. 1934)
Zimbalist, a noted violinist,
was at the home of Smith, who collected violins. Zimbalist picked out two
violins that were unmarked, decided that they were a Stradivarius and a
Guarnerius, and offered Smith $8k, which he accepted.
Zimbalist gave $2k in cash
and promised to return with the other $6k.
Turns out they were both
forgeries, and Zimbalist refused to pay the $6k. Smith sued.
The Trial Court found for
The Trial Court found that
since the violins were listed as a Stradivarius and a Guarnerius on the
bill of sale, there was an implied warranty that the goods would correspond to the description.
Basically, even though both
parties were mistaken as to the value of the violins, the contract said
that Smith was selling a Stradivarius and a Guarnerius, which he wasn't.
Compare to the similar case
of Beachcomber Coins, Inc. v. Boskett (400 A.2d 78 (N.J. Super A.D. 1979)).
See UCC §2-314 and §2-315 for information on implied warranties.