William Gray and William Stuart, Merchants, Perth v Alexander Ogilvie, Merchant, Leith: HL 2 Mar 1770

Sale.-
A bargain was entered into for the sale of 100 hogsheads of Philadelphia lintseed, of Messrs. Alexander’s Importation, for which andpound;4. 4s. per hogshead was agreed to be paid. Instead of this, the seller purchased himself Virginia lintseed of inferior quality, at andpound;3. 10s. per hogshead, and sent it to the buyer as the Philadelphia lintseed which he had bargained for. Held, reversing the judgment of the Court of Session, that the buyer was not liable for the price.

[1770] UKHL 2 – Paton – 215
Bailii
Scotland

Contract

Updated: 13 January 2022; Ref: scu.561676