Cranston v. Mallow & Lien [1911] ScotLR 186 (14 November 1911)

Cranston v. Mallow & Lien [1911] ScotLR 186 (14 November 1911)

A contract for the sale of a horse with a warranty and a week's trial is a completed sale with a right of rejection within the week only if the horse is disconform to the warranty. The buyer cannot reject for any reason. As there was no finding that the warranty was breached, the seller is entitled to the price.

Citation
[1911] ScotLR 186
Parties
Pursuer/appellant: James D. Cranston; Defenders/respondents: Mallow & Lien
Jurisdiction
Scotland
Judgment Date
14 November 1911
Procedural Posture
Civil Appeal (summary Cause) / Appeal From Sheriff to Court of Session, Inner House, Second Division
Outcome
appeal sustained; interlocutor of Sheriff recalled in law; decree for pursuer
Legal Topics
Sale of Goods, Warranty, Conditional Sale, Right of Rejection, Summary Cause Procedure
Contract Law Commercial Law Sale of Goods Warranty Conditional Sale Right of Rejection Summary Cause Procedure

Case Brief

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Parties

James D. Cranston

Pursuer/appellant

Mallow & Lien

Defenders/respondents

Procedural Posture

Civil Appeal (summary Cause) / Appeal From Sheriff to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether a sale of a horse with a warranty and a week's trial constitutes a sale on approbation or a completed sale with a right of rejection for breach of warranty.
  2. 2 Whether the buyer could return the horse within the week for any reason or only if disconform to warranty.

Ratio Decidendi

A contract for the sale of a horse with a warranty and a week's trial is a completed sale with a right of rejection within the week only if the horse is disconform to the warranty. The buyer cannot reject for any reason. As there was no finding that the warranty was breached, the seller is entitled to the price.

Court Disposition

appeal sustained; interlocutor of Sheriff recalled in law; decree for pursuer

Orders

  • Defenders to pay pursuer the sum of £28 with interest as concluded for.