Daughtrey v. Ashe
Supreme Court of Virginia
243 Va. 73, 413 S.E.2d 336 (1992)
Ashe (defendant) sold Daughtrey (plaintiff) a diamond bracelet for $15,000, orally describing the diamonds only as "nice" during negotiations, but later completing an appraisal form describing the diamonds' quality as "v.v.s."; when Daughtrey discovered the diamonds were of lower quality, he sued for specific performance of a replacement, and Ashe argued the appraisal statement was designated "for insurance purposes only," was mere opinion, and was not part of the basis of the bargain, a position the trial court accepted.
Whether, where a statement of fact describes goods that are the subject of the contract, such description may form part of the basis of the bargain, even where the buyer manifests no reliance on the statement.