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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Baird v Charteris. [1686] Mor 14235 (2 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor3214235-060.html
Cite as: [1686] Mor 14235

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[1686] 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.

Baird
 v.
Charteris

Date: 2 December 1686
Case No. No 60.

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Sir John Baird of Newbyth having sold some wheat to Bailie Charles Charteris, and he being charged on the contract, craved deduction, because it was blacked and spoiled. Answered, By a posterior writ you have stated the price at L. 1700, which is an acknowledgement of the debt, and a passing from the abatement. Replied, Though that states the whole price, yet it does not cut him off from seeking so just an abatement. The Lords, on Forret's report, sustained Bailie Charteris' reason; and allowed him to prove the badness of the victual.

 Fol. Dic. v. 2. p. 357. Fountainhall, v. 1. p. 433.

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/1686/Mor3214235-060.html