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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Cockburn
Grant
5 December 1741 Click here to view a pdf copy of this documet : PDF Copy
[C. Home, No. 110.]
In this case the Lords found,—That the seller of smuggled goods was not obliged to deliver, nor, vice versa, the buyer to receive them. The ratio decidendi is the smuggling Act, 11 G. II, by which the buyer of such goods may, when they are offered to him, seize them for his own behoof without paying the price; and, on the other hand, the seller may, after delivery, seize and take them from the buyer ; so that the law never can oblige the seller to deliver his goods to have them seized, nor the buyer to receive, to have them immediately retaken.
The Lords, notwithstanding, would find the buyer liable in the price if he received the goods ; and did find him liable,—July 1745.
The electronic version of the text was provided by the Scottish Council of Law Reporting