Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Brown v. Gilbert
Date: 9 July 1791 Case No. No 72.
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The seller was found liable in repetition of the price of an unsound horse which had been sold at a public auction to the highest bidder, though it was argued, that in such case, where the seller runs the hazard of the price that may be offered, and must take it whether it be equal or not, the buyer ought to take the commodity talis qualis as he finds it. But in this case, the seller had previously advertised, that the owner was parting with his horse for no fault, but merely because he had no occasion for him, as he was leaving the country. See Appendix.
