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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hutchieson v M'Donald. [1744] 1 Elchies 414 (3 January 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010414-005.html Cite as: [1744] 1 Elchies 414 |
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[1744] 1 Elchies 414
Subject_1 SALE.
Hutchieson
v.
M'Donald
1744 ,Jan. 3 .
Case No.No. 5.
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The Lords determined the general point, that Lord Stair's doubts of p. 128, (133) and found that the periculum rei venditæ nondum traditæ lies on the buyer. We adhered to our former interlocutor as to the general point, but ordered the bill to be answered as to the want of evidence that the things was broken, or that the spirits were there.
The electronic version of the text was provided by the Scottish Council of Law Reporting