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.

Murdoch
v.
Richardson

Date: 23 July 1776

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A merchant in Lochmaben having, anno 1771, commissioned a cargo of lintseed from a merchant in Rotterdam; the lintseed was sent, and being, to all appearance, good and sufficient, was sold out in retail by the Lochmaben merchant; but when tried, anno 1772, whether owing to the soil, to the weather, or to some inherent fault in the seed, it did not thrive. Complaints being made to the Lochmaben merchant by his customers, he refused, anno 1775, payment to the Rotterdam merchant; but the Lords repelled the defence. They thought, that where the lintseed is ex facie good, and is bought and used without challenge, or any visible defect, neither the Dutch merchant, nor the Scotch retailer, can be liable for more; especially after so long a space,—see Dict., voce Sale; and that, if the law was otherwise, all foreign commerce of this kind would be for ever at an end. They found the Lochmaben merchant liable in expenses.