Reference no: EM133314959

Question: Schuster & Co. owned two volumes of a rare edition of Geoffrey Chaucer's Canterbury Tales. One volume was in excellent condition. The second volume was in poor shape, but nevertheless intact. Schuster & Co. sold both volumes to MacPherson, a rare book merchant. MacPherson loaned the two volumes to a local library for a rare-book display. Unknown to MacPherson, only the volume in excellent condition was put on display with a collection of other rare books. The second copy was placed in a display designed to show how rare books might be repaired, but the book was placed in such a position that neither its title nor its contents could be determined. A week after the books had been returned to their owner, Holt, a collector of rare books, telephoned MacPherson to determine if he had a copy of the Canterbury Tales for sale. MacPherson replied that he did, but it was "not in top shape." Holt then asked if the copy had been on display at the library, and MacPherson said, "Yes." Holt informed MacPherson that she had seen the display of books at the library and would be interested in purchasing the volume. A price was agreed upon, and Holt sent a cheque to MacPherson for the agreed amount. MacPherson sent the volume that was in poor condition to Holt by courier. On its receipt, Holt com-plained that the volume was not the same one that had been on display at the library. MacPherson maintained that it was and refused to return Holt's money.

Holt brought an action against MacPherson for a return of the money that she had paid MacPherson. Indicate the nature of Holt's claim and express an opinion as to the outcome of the case.