Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
George Watson and James Cheisly, his cedent, v. William Stewart, Merchant in Edinburgh
Date: 5 January 1694
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The Lords found it would stop all commerce if merchants might retain the price, on the pretence of offering to prove that the ware was insufficient; after they have acquiesced in it, without protesting, or offering it back, and had sold it; for the actio redhibitoria, or quanti minoris, only took place, where, immediately upon discovering the insufficiency, it was reclaimed against, and was yet extant and undisposed of. See 7th July 1675, Paton. But reserved his action for damages against Cheisly, the cedent, for selling him rotten tobacco, as accords. But it was thought relevant to prove, by his oath, that he sold by samples which were disconform; or that he knew the insufficiency.
