If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable?
Saskatchewan, Canada
The following excerpt is from Hart-Parr Co. v. Jones, 1917 CanLII 192 (SK QB):
As Lord Blackburn, J. said in Bowes v. Shand, 2 App. Cas. 455, at p. 480; 46 L.J.Q.B. 561: “If you contract to sell peas, you cannot oblige a party to take beans,” and that statement is true even if the contract contains a clause that the peas are not ordered or sold by description.
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