Scottish Court of Session Decisions

Subject_1 SALE.
Subject_2 DIVISION II.

Sale of Moveables.
Subject_3 SECT. I.

Sale, when completed. - Price not stipulated. - Where the Buyer's faith is followed.

John Leslie of Findrassie
v.
John and Hugh Millers in Rose-markie

Date: 27 January 1714
Case No. No 34.

Parties who had bought grain, without fixing a price, found liable for the ordinary price, without regard to the fiars.

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In a process at the instance of John Leslie, as executor confirmed to Adam Leslie of Findrassie, against John and Hugh Millers, for payment of 152 bolls 2 firlots- of bear sold by the said Abraham Leslie to the defenders, conform to their receipt subjoined to a particular account bearing the tenants' names from whom the victual was received; the Lords sustained the receipt as probative, though wanting writer's name and witnesses, being in re mercatoria; and found the defenders liable for the ordinary prices bear gave in that place of the country where the bargain was made; albeit it was alleged by the defenders, that the price should be regulated by the fiars as the only standard where a certain price is sanctioned; because, though the fiars might be the rule betwixt master and tenant, when their farm is not demanded in due time, yet merchants are presumed to contract according to the current prices of the country where the bargain is made.

Fol. Dic. v. 2. p. 356. Forbes, MS. p. 18.