merchantable

/marchantabal/

Goods, to be "merchantable," must be fit for the ordinary purposes for which such goods are to be used, Consolidated Supply Co. v. Babbitt, 96 Idaho 636, 534 P.2d 466, 468, and conform to any promises or affirmations of fact made on the container or label. Virgil v. Kash N' Karry Service, 484 A.2d 652, 655.

Within No. 2-314 of the U.C.C. creating implied warranty of merchantability, term "merchantable" implies that the goods sold conform to ordinary standards of care and that they are of average grade, quality and value of similar goods sold under similar circumstances. Woodruff v. Clark County Farm Bureau Coop Ass'n, 153 Ind.App. 31, 286 N.E.2d 188, 194.

Goods to be merchantable must be at least such as: pass without objection in the trade under the contract description; and in the case of fungible goods, are of fair average quality within the description; and are fit for the ordinary purposes for which such goods are used; and run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and are adequately contained, packaged, and labeled as the agreement may require; and conform to the promises or affirmations of fact made on the container or label if any. U.C.C. No. 2-314(2).

See also fitness for particular purpose

- warranty (implied warranty of merchantability or fitness for particular purpose)

@ merchantable title

A good and marketable title in fee simple, free from litigation, palpable defects, and grave doubts; a title which will enable the owner not only to hold it in peace but to sell it to a person of reasonable prudence. Overboe v. Overboe, N.D., 160 N.W.2d 650, 654.

Good record title acceptable to a knowledgeable buyer not being under duress to purchase. One that can be held without reasonable apprehension of being assailed and readily transferable in market. Crow Creek Gravel & Sand Co. v. Dooley, 182 Ark. 1009, 33 S.W.2d 369, 370.

See also marketable title; clear title; good title; merchantable title

- warranty (warranty of title)

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