Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Henry Wallwood v. James Gray
Date: 16 February 1681 Case No. No 58.
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Repetition of the price of a horse, because when he was bought he was affected with the strangile, or mord de chien, and how soon he discovered it he offered him back, and therefore concludes payment, actione redhibitoria, per l. 13. D. De actionibus empti et venditi. The Lords sustained the action, the pursuer proving the horse was afflicted with the disease the time of the bargain, and that the horse was offered back within 24 hours after the pursuer discovered it.
