Then on the other hand, the manufacturer COULD make the model LOOK like what is advertised, and stated, in their catalog! Isn't THAT a novel idea?
INCORRECT! If you go to build a house you usually have an actual plan that details what will be constructed. And the contractor is only held to a reasonable compliance of the plan. Not perfect tender.
With a product, while it's true that the perfect tender rule applies, a photo is not a contract nor reliable evidence of what will be manufactured. It's just a photo.
Should Lionel ever provide a detailed engineered drawing of the product in their catalog, and then state that the product will be 100% in conformance with the drawing. THEN a quasi-contract is implied, if you purchase. The perfect tender rule applies and the engine must match the detailed drawing.
IN THAT CASE, Hot Water is correct.
However, LIONEL will never do that!!