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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown v Nicolson. [1629] Mor 14229 (9 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3214229-051.html
Cite as: [1629] Mor 14229

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[1629] Mor 14229      

Subject_1 SALE.
Subject_2 DIVISION II.

Sale of Moveables.
Subject_3 SECT. IV.

Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.

Brown
v.
Nicolson

Date: 9 January 1629
Case No. No 51.

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In a pursuit for the price of a horse, an exception was made, That the horse was crooked when he was bought; and the defender offered him back in as good condition as when he got him. The Lords respected not this offer of restitution, made pendente lite, and as the defender had kept the horse a year without making any such offer.

Fol. Dic. v. 2. p. 357. Durie.

*** This case is No 52. p. 8940. voce Minor.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3214229-051.html