United Kingdom House of Lords Decisions

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Cite as: [1813] UKHL 5_Paton_704

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SCOTTISH_HoL_JURY_COURT

Page: 704↓

(1813) 5 Paton 704

CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND, FROM 1753 TO 1813.

No. 74

(Dow's Rep. vol. i. p. 223.)

Robert Sharp and John Mackenzie, Merchants in Glasgow, Appellants

v.

Messrs. Burys, Lloyd and Company, Merchants and Calico-Printers in Manchester, and John Lang, Writer in Glasgow, their Attorney, Respondents

House of Lords, 17th May 1813.

Subject_Submission — Decree Arbitral — Sale of Goods — Quality.

The appellants traded with America and the West Indies,

Page: 705↓

in cotton goods; and they purchased largely from the respondents. They gave an order for goods, to the extent of £6000, to be exported to New York and the West Indies; on delivery of these, they objected to a great part of the goods as of inferior quality. This dispute was submitted to arbiters; and the arbiters found in favour of the respondents. The appellants then brought a reduction of the decree arbitral. The Court of Session repelled the reasons of reduction, sustained the defence, and decerned. Affirmed in the House of Lords.

Counsel: For Appellants, Wm. Adam, J. Macfarlane.
For Respondents, Sir Samuel Romilly, Fra. Horner.

1813

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