Interesting question posed on Michael Bauer's blog (link below): restaurant customer finds a bottle of Stoller Willamette Valley Pinot Noir listed for $50, tells the server "we'll have the Stoller pinot." Server presents the bottle, customers sees Stoller, accepts and drinks it. Next day, he finds he's been charged $85. Calls the restaurant, turns out he'd been served a different Stoller pinot that was also on the list.
Is the customer right to ask for a $35 refund? On the one hand, the server should have said, "we have several, which would you like?" On the other, the customer looked at the bottle and accepted it.