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Scottish Court of Session Decisions >>
Abraham Hoggersworth, Dutchman, v John Hamilton, Merchant. [1665] Mor 14230 (6 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3214230-052.html Cite as:
[1665] Mor 14230
Lesio ultra duplum. - Sale by sample, - weight, - measure, &c. - Actio redhibitoria et quanti minoris.
Abraham Hoggersworth, Dutchman, v. John Hamilton, Merchant
Date: 6 January 1665 Case No. No 52.
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Abraham Hoggersworth, Dutchman, pursues John Hamilton, merchant, for payment of 320 guilders, conform to his bond. It was alleged by the defender, That the bond given to the pursuer as the price of certain bolls of madder, the samen madder was altogether insufficient, and that he had pursued this Dutchman before the Dean of Guild Court, for abusing him in the bargain; and that therefore now he ought to be free of his bond, the madder being vitiated and rotten; and that he has action. quanti minoris competent to him against the pursuer. The Lords found the defender ought to condescend upon the vitiosity of the madder, and the way of proving and trying the same in Holland; notwithstanding it was alleged by the pursuer, that the defender should have come back and offered him all his madder in due time, and that he had sold and disposed of it all.
