Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SALE.

Alexander Gordon
v.
Scott and Hutchison

Date: 26 November 1773

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In a question, the Honourable Alexander Gordon, advocate, against Messrs Scott and Hutchison, wine-merchants in Leith, concerning the price of a hogshead of claret; the Lord Justice-Clerk, Ordinary, pronounced this interlocutor, 2d August 1773:—

“Finds it proved, and admitted by the pursuer, That he bought the hogshead of wine in question at a public sale, upon his own taste, and paid the price thereof; and that the wine was soon thereafter delivered to the pursuer, and bottled in his own cellar; and was, at that time, and when bottled, sufficient, and worth the price paid: Finds no evidence that the pursuer signified to the defenders before, or at the time of the purchase, that he never drank his wine till it was two years in the bottle, or that any thing past between the buyer and the seller which can infer that the seller undertook that the wine should be good and sufficient at the distance of two years from the time of bottling: Finds it proven, That, at the distance of near two years, the above hogshead of wine was found insufficient; but finds, that the supervenient accident discovered at so great a distance of time, the cause of which cannot be discovered, must affect the purchaser, and not the seller; and therefore remits the cause simpliciter to the Admiral, and finds expenses due to neither party.”

And, upon a reclaiming petition without answers, the Lords adhered.