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Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Brown v. Nicolson
Date: 9 January 1629 Case No. No 51.
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In a pursuit for the price of a horse, an exception was made, That the horse was crooked when he was bought; and the defender offered him back in as good condition as when he got him. The Lords respected not this offer of restitution, made pendente lite, and as the defender had kept the horse a year without making any such offer.