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Robert Stewart v certain Merchants in Edinburgh. [1682] 3 Brn 430 (24 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030430-0633.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 24 March 1682
Robert Stewart v. certain Merchants in Edinburgh
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In Robert Stewart, factor, his case with some Merchants in Edinburgh, the Lords, on Harcous's report, found the letters orderly proceeded for Robert: but sustained the Merchants' declarator of fraud and circumvention, in taking ten crowns en the same wine from them, more than he took at the same time from Hollanders and other strangers. And admitted it to probation, as dolus both in consilio et re.
Though we allow not reductions ob Iæsionem ultra dimidium justi pretii, ex I. 2 C. de Resc. Vendit., yet our law will repress cheating. Vide 11th Jan. 1682, Bonar and Neilson.
