Should first be inspected graded and weighed a strict

should first be inspected, graded and weighed, a strict inter-
pretation of the provision may result in adverse effects to small
planters who would not be paid for the lost products of their
toil. Such situation was what the ruling in PVTA vs. De los An-
geles sought to avoid.
Equity and fair dealing, the anchor of said case, must once
more prevail. Since PVTA had virtual control over the lost
tobacco bales, delivery thereof to the FVTR should also
be considered effective delivery to the PVTA.” (Alliance To-
bacco, Inc. vs. Phil. Virginia Tobacco Administration, 179 SCRA 336
[1989].)
ART. 1481. In the contract of sale of goods by de-
scription or by sample, the contract may be rescinded
if the bulk of the goods delivered do not correspond
with the description or the sample, and if the contract
be by sample as well as by description, it is not suffi-
cient that the bulk of goods correspond with the sam-
ple if they do not also correspond with the descrip-
tion.
The buyer shall have a reasonable opportunity of
comparing the bulk with the description or the sam-
ple. (n)
Sale of goods by description
and/or sample.
The above article covers a sale of goods by description, by
sample, and by sample as well as by description. It provides a
cause for rescission distinct from those stated in Article 1597.
(1) Sale by description. — Sale by description occurs where a
seller sells things as being of a particular kind, the buyer not know-
Art. 1481

111
ing whether the seller’s representations are true or false, but re-
lying on them as true; or, as otherwise stated, where the purchaser
has not seen the article sold and relies on the description given
him by the vendor, or has seen the goods but the want of identity
is not apparent on inspection. (77 C.J.S. 1170.)
The reason for the rule is that a dealer who sells an article
describing it as the kind of an article of commerce the identity of
which is not known to the purchaser, must understand that such
purchaser relies upon the description as a representation by the
seller that it is the thing described. (55 C.J. 739.) If the bulk of the
goods delivered do not correspond with the description, the con-
tract may be rescinded. (Art. 1481.) But if the thing delivered is as
described, the fact that the buyer cannot use the thing sold for the
purpose for which it was intended without the seller’s fault does
not exempt the buyer from paying the purchase price agreed
upon. (see Pacific Commercial Co. vs. Ermita Market & Cold
Stores, 55 Phil. 617 [1931].)
(2) Sale by sample. — To constitute a sale by sample, it must
appear that the parties contracted solely with reference to the
sample, with the understanding that the bulk was like it. But a
mere exhibition of a sample by the seller in the absence of any
showing that it was an inducement of the sale or formed the sole
basis thereof, does not amount to a sale by sample as where the
quality of the articles to be furnished is expressly described in the
contract without reference to the sample or the parties agree that
the goods ordered shall differ from the sample in some particu-