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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Muller v. Bolland [1867] ScotLR 5_418 (27 March 1867) URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0418.html Cite as: [1867] SLR 5_418, [1867] ScotLR 5_418 |
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Page: 418↓
Circumstances in which held that there had been an over-payment upon a transaction of skins, and action of repetition sustained.
This was an action of repetition brought by Hermann Magnus Muller, residing at 34 Cockburn Street, Edinburgh, against Patrick Bolland, skin-dealer, Hawkhill, Dundee, and the summons concluded for the sum of £66, 13s. 4d., alleged to have been over-paid by the pursuer's wife to the defender in settling for the price of certain skins. The pursuer's allegation was that he bought a quantity of skins from the defender on 19th December 1866; that on counting them over, in the presence of his own servant, and the defender, the number was found to be 441 dozen; but that, on the defender coming to the pursuer's shop to receive payment, he represented to the pursuer's wife that the number was 841 dozen, and received payment as for that number. The defender's allegation, on the other hand, was that the number of dozens, as counted over in his presence, was truly 841, and that the pursuer's allegation that he had only received 441 dozen was false and fraudulent.
After a proof, the Lord Ordinary (
The defender reclaimed; but the Court adhered.
Counsel for the Pursuer— Scott and Brand. Agent — D. F. Bridgeford, S.S.C.
Counsel for the Defender— Gifford and Balfour. Agent— Henry Buchan, S.S.C.
