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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ogilvie of Logie v James Hamilton. [1681] 2 Brn 265 (7 January 1681) URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn020265-0544.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Ogilvie of Logie
v.
James Hamilton
7 January 1681 Click here to view a pdf copy of this documet : PDF Copy
Ogilvie of Logie having, by contract, disponed a quantity of victual to James Hamilton, he charges for the price.
James suspends, upon this reason,—That his receipts of the victual bear expressly, that every boll wanted eleven pounds of weight; whereof he must have abatement, conform to the Act of Council, ordering all bargains between merchants to be by weight.
It was answered, That this bargain was before the Act of Council, although the delivery was after; and, therefore, the delivery behoved to be regulated according to measure, as the bargain was made, and not according to weight.
Which the Lords found relevant.
Vol. II, Page 829.
The electronic version of the text was provided by the Scottish Council of Law Reporting