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Andrew Cheap, Brother-german to the Laird of Rossie, v Thomas, Cleugh, Brewer in Portsburgh. [1713] Mor 14238 (29 January 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor3214238-063.html Cite as:
[1713] Mor 14238
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[1713] Mor 14238
Subject_1 SALE. Subject_2 DIVISION II.
Sale of Moveables.
Subject_3 SECT. IV.
Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Andrew Cheap, Brother-german to the Laird of Rossie, v. Thomas, Cleugh, Brewer in Portsburgh
Date: 29 January 1713 Case No. No 63.
Victual being sold conform to samples not sealed at making the bargain, and the buyer having then declined to seal them, it was found, that the samples were not the rule of the bargain, and that the buyer relied upon the faith of the seller.
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In the process at the instance of Andrew Cheap against Thomas Cleugh, anent a bargain of victual sold by Cheap to him, conform to samples given to him by the seller; the Lords found, That the samples not being sealed at the making of the bargain, and the buyer having then declined to seal them, they were not the rule of the bargain; but the buyer relied upon the faith of the seller.
