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Hoylls v Falconers, Master and Warden of the Cunyie-house, and my Lord Halton. [1670] 2 Brn 477 (29 June 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020477-0794.html Cite as:
[1670] 2 Brn 477
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Hoylls v. Falconers, Master and Warden of the Cunyie-house, and my Lord Halton
Date: 29 June 1670
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Thir persons were executors to one Hoyll, who was copper-melter to thir defenders, and had of them a bond for some lignates of copper furnished by him to them; and on this title pursuing, it was alleged, That they could not be heard; because it was offered to be proven that those lignates were altogether insufficient, neither dighted nor brushed from the sand, wherewith they were extremely deceived in the weight, and so sustained a huge damage and prejudice.
Replied,—They could not now obtrude insufficiency, since they had accepted the same on their hazard, and had in their own count-book set them down at such a price.
My Lord Stair would not sustain the allegeance, unless they would say the insufficiency was such as could not well be perceived at the time of the bargaining.
