Aird & Coghill v. Pullan & Adams [1904] ScotLR 42_292 (22 December 1904)

The purchasers were entitled to reject the machine as it was never in good working condition as required by contract. Payment of part of the price and delay in rejection did not bar this right, as payments were made under protest and delay was due to the defenders' repeated but unsuccessful attempts to remedy defects.

Citation: [1904] ScotLR 42_292
Parties: Pursuers/respondents: Aird & Coghill; Defenders/appellants: Pullan & Adams
Jurisdiction: Scotland
Judgment Date: 22 December 1904
Procedural Posture: Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome: appeal dismissed; judgment for pursuers affirmed
Legal Topics: Sale of Goods, Breach of Contract, Rejection of Goods, Payment and Acceptance, Delay in Rejection

Contract Law Commercial Law Sale of Goods Breach of Contract Rejection of Goods Payment and Acceptance Delay in Rejection

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Aird & Coghill

Pursuers/respondents

Pullan & Adams

Defenders/appellants

Procedural Posture

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

Legal Issues

1 Whether the purchasers were entitled to reject the printing machine as disconform to contract
2 Whether payment of part of the price or delay in rejection barred the right to reject

Ratio Decidendi

Court Disposition

appeal dismissed; judgment for pursuers affirmed

Orders

Warrant granted to remove and sell the machine by public auction; proceeds to be consigned in court.
Pursuers entitled to uplift consigned money and to payment from defenders of the balance of £150 paid to account of the price.