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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bruce and Curators v Jean Jack. [1670] 1 Brn 609 (11 February 1670) URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn010609-1530.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Bruce and Curators
v.
Jean Jack
11 February 1670 Click here to view a pdf copy of this documet : PDF Copy
Bruce, pursuing the said Jack, as executrix to her mother, for merchant goods alleged sold and delivered to her, extending to £150 sterling; it was alleged, That the action was prescribed, being for merchant goods, and not pursued for within three years; unless the delivery were proven scripto vel juramento.
It was replied, That the Act of Parliament did only comprehend merchants' accounts, where the goods were sold by retailers, but not where they were sold in gross, such as the goods libelled were; it being offered to be proven that they were all delivered at two several times only.
The Lords did sustain the defence, founded upon the Act of Parliament; which was general, [for] all merchants accounts: but, thereafter, the delivery of the goods being offered to be proven by the defender's tutors, who ought not to be looked upon as ordinary witnesses, their oath, ex officio, was ordained to be taken before answer.
Page 104.
The electronic version of the text was provided by the Scottish Council of Law Reporting
