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Robert Sharp and John Mackenzie V Messrs. Burys, Lloyd and Company

(Dow’s Rep. vol. i. p. 223.)

Robert Sharp and John Mackenzie, Merchants in Glasgow,     Appellants

v.

Messrs. Burys, Lloyd and Company, Merchants and Calico-Printers in Manchester, and John Lang, Writer in Glasgow, their Attorney,     Respondents

House of Lords, 17th May 1813.

Subject_Submission — Decree Arbitral — Sale of Goods — Quality.

The appellants traded with America and the West Indies,

Page: 705

in cotton goods; and they purchased largely from the respondents. They gave an order for goods, to the extent of £6000, to be exported to New York and the West Indies; on delivery of these, they objected to a great part of the goods as of inferior quality. This dispute was submitted to arbiters; and the arbiters found in favour of the respondents. The appellants then brought a reduction of the decree arbitral. The Court of Session repelled the reasons of reduction, sustained the defence, and decerned. Affirmed in the House of Lords.

Counsel: For Appellants, Wm. Adam, J. Macfarlane.
For Respondents, Sir Samuel Romilly, Fra. Horner.

 

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