[1774] 5 Brn 583
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.
Shaw and Fraser
v.
Wonter
1774 .Click here to view a pdf copy of this documet : PDF Copy
In another case, Shaw and Fraser against Wonter, &c., The Lords decided, Summer Session 1774, on the same principles. It was a cargo of lintseed from Rotterdam, and the delay of demanding payment was only six months. The Ordinary found that the Dutch merchant could not be subjected in warrandice, although the lintseed did not grow; as this would be imposing on him the sea risk, and risk from improper keeping after landing, and improper culture. The Lords adhered, and gave expenses.
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