Page: 363↓
Verdict for pursuers.
In this case Sidey & Crawford were pursuers, and J. & A. Phillips were defenders. The issue was—
“Whether, on or about the 30th June 1864, the defenders ordered the pursuers to purchase and ship for them 200 packages choice dairy butter of the finest quality, and got up in the best style, and at the lowest price practicable? Whether the pursuers duly implemented the said order? And, whether the defenders are due and resting-owing to the pursuers the sum of £192, 4s., as the balance of the cost of said butter, and relative charges, with interest, or any part thereof?”
The question betwixt the parties was, whether the quality of the butter was conform to order.
The jury found for the pursuers.
Counsel for Pursuers— Mr Clark and Mr Watson. Agent— Lockhart Thomson, S.S.C.
Counsel for Defenders— Mr Shand and Mr Asher. Agents— J. W. & J. Mackenzie, W.S.