Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Mitchell v. Bisset in Aberdeen
Date: 22 February 1694 Case No. No 61.
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The pursuer alleged, He had commissioned him to buy some potashes for him at Dantzick, and they proved insufficient. Answered, You did not intimate the same to me, but have sold them, and now pretend you were forced to give the buyer somewhat down, in regard they were spoilt. The Lords assoilzied, in respect he did not shew them to a Magistrate at first discovery of their insufficiency, nor took witnesses on it by way of instrument; else every man may say the goods were spoilt when he is required to pay the price.
Fol. Dic. v. 2. p. 357. Fountainhall, v. 1. p. 613.
