Click here to view a pdf copy of this documet : PDF Copy
Two men having contracted for a bargain of victual, which the seller was obliged to deliver to them equally; and he having delivered the whole to one of the buyers, who was his own goodson, and pursued the other for the half of the price:
The defender alleged, That he could be liable for no part of the price, having got none of the victual;—and the conjunct buyer who received the whole, was now insolvent.
Answered: The buyers being socii, delivery to any one of them was sufficient.
Replied: Emptio rei facta a pluribus ementibus infers no society, where there is no contributio lucri et damni.
The Lords assoilzied the defender from payment of any part of the price.
Fol. Dic. v. 2. p. 375. Harcarse, No. 853. p. 243.
