chapter 11, case 10

CASE 10 Schuster & Co. owned two volumes of a rare edition of Geoffrey Chaucer's Canterbury Tales. One volume was did, but it was "not in top shape." Holt then asked in excellent condition. The second volume was in poor copy had been on display at the library, and MacPher said, "Yes." shape, but nevertheless intact. Schuster & Co. sold both volumes to MacPherson, a rare book merchant. Holt informed MacPherson that she had seen MacPherson loaned the two volumes to a local display of books at the library and would be interey library for a rare-book display. Unknown to MacPherson, in purchasing the volume. A price was agreed up only the volume in excellent condition was put on dis- and Holt sent a cheque to MacPherson for the agree amount. play with a collection of other rare books. The second MacPherson sent the volume that was in poor cox copy was placed in a display designed to show how dition to Holt by courier. On its receipt, Holt complainy rare books might be repaired, but the book was placed that the volume was not the same one that had been in such a position that neither its title nor its contents display at the library. MacPherson maintained that it was could be determined. and refused to return Holt's money. A week after the books had been returned to Holt brought an action against MacPherson for their owner, Holt, a collector of rare books, telephoned return of the money that she had paid MacPherson. MacPherson to determine if he had a copy of the Indicate the nature of Holt's claim and express Canterbury Tales for sale, MacPherson replied that he opinion as to the outcome of the case