The plaintiff contractor purchased topsoil from the defendant supplier for a municipal project.
Due to project delays, the plaintiff waived its right to test the soil before delivery and signed a contract containing an exclusionary clause stating the defendant would not be responsible for the quality of the material once it left the facility.
The delivered soil did not drain properly and had to be replaced.
The plaintiff sued for breach of contract, relying on the implied condition under s. 14 of the Sale of Goods Act that goods must correspond with their description.
The court dismissed the action, finding that the exclusionary clause was clear and unambiguous, and that the plaintiff had knowingly assumed the risk by waiving the testing to avoid further project delays.
