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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brandt & Co. v. Renny & Brown [1881] ScotLR 18_525_1 (31 May 1881)
URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0525_1.html
Cite as: [1881] ScotLR 18_525_1, [1881] SLR 18_525_1
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SCOTTISH_SLR_Court_of_Session
Page: 525↓
Court of Session Inner House Second Division.
v.
Facts:
In this case the pursuers, who are merchants and shippers at St Petersburg, raised action against the defenders, who are spinners at Blairgowrie, for the price of “50 tons of W. Nemiloff's fresh Rjeff flax, averaging 3rd crown, of fair average quality, of next spring's shipments,” which had been shipped to their order. The defenders refused payment on the ground that the flax supplied was disconform to contract.
The case was set down for jury trial, but under a joint-minute for the parties this was dispensed with, and a proof was held before Lord Craig-hill.
The defenders argued—That on a sound construction of the contract the sellers had bound themselves to supply shipments of flax, of the average quality of W. Nemiloff's flax in particular, and not, as contended for by the pursuers, of flax of the average quality of that shipped by all dealers from St Petersburg.
The Lords, while giving no decision on this question, were of opinion, that although on the evidence the flax was to some small extent inferior in value to the average quality of flax shipped by all dealers from St Petersburg by £2 per ton, yet that was not sufficient disconformity to contract to entitle the defenders to reject the goods.
Counsel for Defenders— Guthrie Smith— H. Johnston. Agents— Leburn & Henderson, S.S.C.
Counsel for Pursuers— Mackintosh— Alison. Agent— W. S. Harris, L.A.