Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Baird v. Charteris
Date: 2 December 1686 Case No. No 60.
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Sir John Baird of Newbyth having sold some wheat to Bailie Charles Charteris, and he being charged on the contract, craved deduction, because it was blacked and spoiled. Answered, By a posterior writ you have stated the price at L. 1700, which is an acknowledgement of the debt, and a passing from the abatement. Replied, Though that states the whole price, yet it does not cut him off from seeking so just an abatement. The Lords, on Forret's report, sustained Bailie Charteris' reason; and allowed him to prove the badness of the victual.
Fol. Dic. v. 2. p. 357. Fountainhall, v. 1. p. 433.
