Smith v. Zimbalist 2 Cal.App.2d 324, 38 P.2d 170 (Cal.App. 2 Dist. 1934) Zimbalist, a noted violinist, was at the home of Smith, who collected violins. Zimbalist picked out two violins that were unmarked, decided that they were a Stradivarius and a Guarnerius, and offered Smith $8k, which he accepted. Zimbalist gave $2k in cash and promised to return with the other $6k. Turns out they were both forgeries, and Zimbalist refused to pay the $6k. Smith sued. The Trial Court found for Zimbalist. The Trial Court found that since the violins were listed as a Stradivarius and a Guarnerius on the bill of sale, there was an implied warranty that the goods would correspond to the description. Basically, even though both parties were mistaken as to the value of the violins, the contract said that Smith was selling a Stradivarius and a Guarnerius, which he wasn't. Compare to the similar case of Beachcomber Coins, Inc. v. Boskett (400 A.2d 78 (N.J. Super A.D. 1979)). See UCC §2-314 and §2-315 for information on implied warranties.