Daughtrey v. Ashe

413 S.E.2d 336, 243 Va. 73, 8 Va. Law Rep. 1762, 16 U.C.C. Rep. Serv. 2d (West) 294, 1992 Va. LEXIS 152
CourtSupreme Court of Virginia
DecidedJanuary 10, 1992
DocketRecord 910054
StatusPublished
Cited by23 cases

This text of 413 S.E.2d 336 (Daughtrey v. Ashe) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daughtrey v. Ashe, 413 S.E.2d 336, 243 Va. 73, 8 Va. Law Rep. 1762, 16 U.C.C. Rep. Serv. 2d (West) 294, 1992 Va. LEXIS 152 (Va. 1992).

Opinions

JUSTICE WHITING

delivered the opinion of the Court.

In this dispute between the buyers and the sellers of a diamond bracelet, the principal issues arise under the Uniform Commercial Code - Sales. Code §§ 8.2-101 through -725. Specifically, they are: (1) whether the sellers’ appraisal statement of the grade of diamonds on the bracelet is a description of the goods under Code § 8.2-313(l)(b), and therefore an express warranty; and (2) whether such a statement made the description “a part of the bargain” under Code § 8.2-313(l)(b), and therefore an express warranty, when the buyers did not know of the warranty until some time after the purchase price was paid and the bracelet was delivered.

In conformity with familiar appellate principles, we state the evidence in the light most favorable to the sellers, who prevailed in the trial court.

In October 1985, W. Hayes Daughtrey consulted Sidney Ashe (Ashe), a jeweler, about the purchase of a diamond bracelet as a [75]*75Christmas gift for his wife, Fenton C. Daughtrey. Ashe exhibited, and offered to sell, a diamond bracelet to Daughtrey for $15,000. Although Ashe “knew” and “classified” the bracelet diamonds as v.v.s. grade (v.v.s. is one of the highest ratings in a quality classification system employed by gemologists and jewelers), he merely described the diamonds as “nice” in his conversation with Daughtrey. Ashe told Daughtrey that if he was later dissatisfied with the bracelet, he would refund the purchase price upon its return.

When Daughtrey later telephoned Ashe and told him he would buy the bracelet, Ashe had Adele Ashe, his business associate, complete an appraisal form which he signed. The form contained the following pertinent language:

The following represents our estimate for insurance purposes only, of the 'present retail replacement cost of identical items, and not necessarily the amounts that might be obtained if the articles were offered for sale ....
DESCRIPTION
APPRAISED VALUE
platinum diamond bracelet, set with 28 brilliant full ct diamonds weighing a total of 10 carats. H color and v.v.s. quality.
$25,000.00

(Emphasis added.)

When Daughtrey came with his daughter to close the sale, he showed the bracelet to his daughter and then paid Ashe for it. As Ashe was counting the money, Daughtrey handed the bracelet to Adele Ashe, who put it in a box together with the appraisal and delivered the box to Daughtrey. Daughtrey later gave the bracelet to his wife as a Christmas present.

In February 1989, Daughtrey discovered that the diamonds were not of v.v.s. quality when another jeweler looked at the bracelet. Shortly thereafter, Daughtrey complained to Ashe, who refused to replace the bracelet with one mounted with diamonds of v.v.s. quality but offered to refund the purchase price upon return of the bracelet. Because the value of diamonds generally had increased in the meantime, Daughtrey declined Ashe’s offer.

[76]*76On May 8, 1989, Daughtrey and his wife filed this specific performance suit against Sidney Ashe and Adele Ashe t/a Ashe Jewelers (the Ashes) to compel them to replace the bracelet with one mounted with v.v.s. diamonds or pay appropriate damages. After hearing the evidence, the trial court found that the diamonds “were of substantially lesser grade” than v.v.s. Nevertheless, because it concluded that the Daughtreys had not proven that “the appraisal was a term or condition of the sale nor a warranty upon which [they] relied in the purchase of the bracelet,” the court denied relief for breach of warranty.

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Cite This Page — Counsel Stack

Bluebook (online)
413 S.E.2d 336, 243 Va. 73, 8 Va. Law Rep. 1762, 16 U.C.C. Rep. Serv. 2d (West) 294, 1992 Va. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daughtrey-v-ashe-va-1992.