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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mason Brothers & Co. v. Rennie [1878] ScotLR 16_71_2 (8 November 1878)
URL: http://www.bailii.org/scot/cases/ScotCS/1878/16SLR0071_2.html
Cite as: [1878] SLR 16_71_2, [1878] ScotLR 16_71_2
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SCOTTISH_SLR_Court_of_Session
Page: 71↓
Court of Session Inner House First Division.
[Sheriff of Aberdeen.
v.
Facts:
In an action brought for the price of a quantity of glass rejected by the purchaser as not conform to contract, it was sought to be established that by a trade custom where “best glazing quality” was contracted for, ordinary glazing quality was always supplied. The Court held on the evidence that no such custom had been proved, and the Lord President observed that if the pursuer's contention had been sustained “it would have been nothing else
Page: 72↓
than the establishment of a dishonest practice of foisting off goods of an inferior quality to that which the parties understood they were to get, and that that was a practice to which no Court could possibly give effect however fully it might be established.”
Counsel for Pursuer— R. V. Campbell. Agents — T. & W. H. M'Laren, W.S.
Counsel for Defender— Jameson. Agents— Renton & Gray, S.S.C.