Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 19 November 1686

Patrick Haliburton
v.
Hugh Blair

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There is a debate between Patrick Haliburton, merchant, and Hugh Blair, vintner, upon whom the hazard of a puncheon of Frontiniac wine, sold by Patrick to Hugh, and refused by him as insufficient, and never a perfected bargain, should fall; especially if it be embezzled before the delivery.

The President said, if it was a consummated bargain, the damage redounded to the buyer; periculum erat emptoris non venditoris. But, to discover if it was a complete bargain, the Lords, before answer, appointed a probation to be led, if tasting and spealling of a puncheon was the symbol of a perfected vendition of wines. Spealling is the cutting off a speal, that, by joining it again, they may know the property of the puncheon they had chosen.

On the event of the probation, Hugh Blair lost the cause.

Vol. I. Page 429.