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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Russel and Tait v George Clark. [1683] 2 Brn 35 (00 February 1683)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Russel and Tait
v.
George Clark
1683 .February .Click here to view a pdf copy of this documet : PDF Copy
One being pursued for delivery of some merchant-goods bought by the pursuer,—Alleged for the defender, That he, the same day the goods were sold, sent and told the pursuer, that, upon perusal of his books, he had been mistaken as to the price of the goods, and could not sell them so cheap, and so there ought to be locus penitentiæ to him, who instantly resiled before the intervention of writ or delivery of the goods. Answered, Emptio venditio solo consensu perficitur, without writ; nor was agreed to, that writ should intervene in this bargain. The Lords repelled the allegeance, in respect of the answer.
Page 255, No. 903.
The electronic version of the text was provided by the Scottish Council of Law Reporting