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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Henry Wallwood v James Gray. [1681] Mor 14235 (16 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor3214235-058.html
Cite as: [1681] Mor 14235

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[1681] Mor 14235      
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.

Henry Wallwood
 v.
James Gray

Date: 16 February 1681
Case No. No 58.

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Repetition of the price of a horse, because when he was bought he was affected with the strangile, or mord de chien, and how soon he discovered it he offered him back, and therefore concludes payment, actione redhibitoria, per l. 13. D. De actionibus empti et venditi. The Lords sustained the action, the pursuer proving the horse was afflicted with the disease the time of the bargain, and that the horse was offered back within 24 hours after the pursuer discovered it.

 Fol. Dic. v. 2. p. 357. Fountainhall, MS.

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/1681/Mor3214235-058.html