Kinnear v. J. & D. Brodie [1901] ScotLR 38_336 (22 February 1901)

Kinnear v. J. & D. Brodie [1901] ScotLR 38_336 (22 February 1901)

Where a buyer is entitled to reject goods for breach of warranty, and the goods perish due to the very vice against which they were warranted before rejection is exercised, the buyer is not liable for the price, as the inability to return is caused by the seller's breach.

Source-derived case information.

Citation
[1901] ScotLR 38_336
Parties
Pursuer: David Kinnear; Defenders: John and Daniel Brodie
Jurisdiction
Scotland
Judgment Date
22 February 1901
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House Second Division
Outcome
appeal allowed; judgment for defenders (buyers)
Legal Topics
Sale of Goods, Warranty, Breach of Warranty, Passing of Property, Passing of Risk, Rejection of Goods, Remedies for Breach
Contract Law Commercial Law Sale of Goods Warranty Breach of Warranty Passing of Property Passing of Risk Rejection of Goods +1 more

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Summary, issues, holding and outcome

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Parties

David Kinnear

Pursuer

John and Daniel Brodie

Defenders

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the buyer is liable for the price of a horse that died during trial due to a vice covered by the seller's warranty
  2. 2 Whether the inability to return the horse due to its death absolves the buyer from liability for the price
  3. 3 Whether the risk and property had passed to the buyer under the Sale of Goods Act 1893

Ratio Decidendi

Where a buyer is entitled to reject goods for breach of warranty, and the goods perish due to the very vice against which they were warranted before rejection is exercised, the buyer is not liable for the price, as the inability to return is caused by the seller's breach.

Court Disposition

appeal allowed; judgment for defenders (buyers)

Orders

  • Interlocutor of Sheriff of 17th January recalled
  • Interlocutor of Sheriff-Substitute of 17th November affirmed