Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Alston v. Orr
Date: 1 July 1668 Case No. No 54.
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John Alston having given bond to one James Orr for L. 90, as the price of lint-seed, and being charged, did suspend upon this reason, That the seed was insufficient and did not grow, and being vitium latens by the civil law, De empt. et vend. actionibus, the buyer is not liable in payment. This reason was found not relevant, unless that the suspender could prove that all those persons to whom he sold in retail the rest of that parcel of seed, did sow the same and had no increase; and that it was not enough to say, that a part thereof was insufficient.
