Daughtrey v. Ashe

243 Va. 73, 413 S.E.2d 336 (1992)

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Nature of the Case

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Facts

Daughtrey (P) consulted Sidney Ashe (D), a jeweler, about the purchase of a diamond bracelet. D exhibited and offered to sell, a diamond bracelet to P 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.' D told P that if he was later dissatisfied with the bracelet, he would refund the purchase price upon its return. P told D he would buy the bracelet. D has an appraisal form completed which he signed. It said it was v.v.s. quality and worth $25,000. P showed the bracelet to his daughter and then paid for it. As Ashe was counting the money, P handed the bracelet to Adele Ashe, who put it in a box together with the appraisal and delivered the box to P. P discovered that the diamonds were not of v.v.s. quality when another jeweler looked at the bracelet. P complained to D, 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. The value of diamonds generally had increased since the sale and P declined Ashe's offer. P sued for specific performance or to pay damages. The trial court found that the diamonds 'were of substantially lesser grade' than v.v.s. It ruled that P 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,' and denied relief for breach of warranty. P appealed.