Scottish Court of Session Decisions

Subject_1 SALE.

Marshall and M'Kell
v.
Blackwood of Pittrevie

1747, Nov. 12.
Case No. No. 6.

Click here to view a pdf copy of this documet : PDF Copy

Pittitevie had, 25th November 1745, written to the pursuers offering them 350 bolls of barley, at half a merk below Lothian fiars, deliverable at Candlemas, payable at Whitsunday and Lammas, they finding security for said price, or in his option to pay him L.6. 6s. at delivery, and expected their answer in a fortnight. December 7, the 12th day, being Saturday, M'Kell came to Pittrevie, bringing with him a letter from Marshall accepting the offer, with a letter from Donaldson, a merchant in Glasgow, to Hunt, attesting Marshall's sufficiency, and desiring Hunt to attest his own. M'Kell and Hunt waited on Pittrevie, and delivered Marshall's letter, and offered Donaldson and Hunt security; but Pittrevie said they came too late, for he had already sold it to one Morris; and then it was after sunset, and Sunday was no lawful day, and Monday was the last day; and he had in fact that afternoon sold it to Morris 2d. per boll cheaper, but it was a bargain for three years, and 30 guineas advanced; and there was also some little speaking about the sufficiency of the security, but very little, and in the end Pittrevie would not give M'Kell the bargain. Marshall and M'Kell sued for damages, in which I pronounced an act before answer; and now on advising the proof, we sustained the action only by the President's casting vote. Pro were Minto, Drummore, Strichen, Murkle, et ego. Con. were Kilkerran, Arniston, Monzie, Tinwald, and Shewalton. Dun was President.