BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Mitchell v Bisset in Aberdeen. [1694] Mor 14236 (22 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor3214236-061.html Cite as:
[1694] Mor 14236
Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Mitchell v. Bisset in Aberdeen
Date: 22 February 1694 Case No. No 61.
Click here to view a pdf copy of this documet : PDF Copy
The pursuer alleged, He had commissioned him to buy some potashes for him at Dantzick, and they proved insufficient. Answered, You did not intimate the same to me, but have sold them, and now pretend you were forced to give the buyer somewhat down, in regard they were spoilt. The Lords assoilzied, in respect he did not shew them to a Magistrate at first discovery of their insufficiency, nor took witnesses on it by way of instrument; else every man may say the goods were spoilt when he is required to pay the price.
Fol. Dic. v. 2. p. 357. Fountainhall, v. 1. p. 613.
