Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Wightman v. George Saundry of Aleppo
Date: 4 June 1694
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Rankieler reported the pursuit at Wightman's instance, against George Saundry of Aleppo, late coffee-man, for payment of the price of some fined wool. George alleged,—That the bargain, being referred to his oath, he had deponed, with a quality, that the seller said there would be sixteen pound out of each stone of fined wool; and yet there was not ten; and so craved abatement quanti minoris. The Lords considered that these words, commonly spoken in sales, that it was as good as any of that kind he could find, were only verba jactantia; and little weight was to be laid on them; and it was not a formal upholding of the thing; therefore they rejected the quality, and decerned for the price agreed upon. The Decision in Dury, July 10, 1632, Fenton, was cited, where the Lords would not divide the qualified oath; but there it was intrinsic.
