Legal Subject: Warranty |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Birnie and Co. v. Weir | 1799 | Warranty, Debt, Aliment, Interlocutor, Adjudication, Succession | Samuel Birnie and Co. sold “British potashes” for use as a bleaching agent. In certain printed materials, the company claimed that these British potashes had been “found to answer every purpose in bleaching, &c. equal to the best American pot.” Helen Weir of Longloch, the Defender, ordered several casks of the potashes for her bleaching business; however, she was dissatisfied with the product and refused to pay her bill. Samuel Birnie and Co. brought suit to collect on the account. In response, Mrs. Weir argued that the British potashes were inferior to American potashes and contained a “radical” latent defect: Although materials bleached with the British potashes initially appeared white, they turned a reddish or bluish color after being exposed to the air. Based on the resulting harms to her business, Mrs. Weir raised a claim for damages. Samuel Birnie and Co. maintained that British potashes were suitable for use in certain stages of the bleaching process, that the company’s representations had been made in good faith, and that Mrs. Weir had used the British potashes unskillfully. The court found that Mrs. Weir was not liable for the price of the potashes and awarded her damages. |
| Dunmore and Company v. Allan, et al | 1786 | Ships, Insurance, Warranty, Adjudication, Bill of Exchange, Contract | Robert Dunmore and Company, merchants in Glasgow, raised an action against Richard Allan and other insurers in Glasgow and Archibald Campbell and other insurers in Greenock regarding a maritime insurance contract and questions of convoy obligations and warranty terms. The merchants petitioned the Court to overturn an interlocutor pronounced by Lord Braxfield, and the insurers answered the petition. |
Documents discussing this subject (34)
- APPENDIX. No. I. Extract Registered Tack betwixt John Lord Oliphant and John Ramsay and Company, dated 4th February 1779.
- APPENDIX. TACK, John Anderson to Alexander Mackerly.
- Archibald Hamilton v. Thomas Hart — Reclaiming Note, 29 Jun 1829
- Birnie and Co. v. Weir — petition, 26 Jun 1799
- David French and the other Creditors Adjudgers of the Estate of Carden v. John Skeen of Halyeards — Information, 1698
- David Pennington v. John Geddes — Bill of Advocation, 3 Jul 1813
- Dugald Campbell v. Neil Campbell — Memorial, 23 Sep 1786
- Dunmore and Company v. Allan, et al — Petition, 17 Jan 1786
- Elfinstone-Collection-Vol-32 seg31
- Hugh Macmorran and Company, and their Trustees v. The Newcastle-upon-Tyne Fire Insurance Company — Information, 3 Oct 1816 [2]
- Hugh Macmorran and Company, Cotton and Wool-spinners at Garschew, and Charles Christie, Writer in Stirling, and William Paterson, Merchant there, Trustees for the Creditors of the said Hugh Macmorran and Company v. The Societ… — Memorial, 13 Nov 1810
- Hugh Macormack and Company, and their Trustee v. The Newcastle-upon-Tyne Fire-Office — Memorial, 12 May 1810
- James Smith v. Warren Maude Lambe — Answers, 7 Dec 1814
- John Sword v. William Auld — Answers, 23 Apr 1795
- Kirkman Finlay and Others v. William Sibbald and Company — Answers, 12 Feb 1813
- LC Volume 03 — Petition, 14 Nov 1812 [2]
- LC Volume 03 — Petition, 8 Apr 1813 [2]
- LETTERS of Hugh Bolton, and Minutes of Road-Trustees, relative to Contract.
- Mrs. Julian (Steel) Porterfield v. Boyd Porterfield — Petition, 1 Feb 1770
- Page Keble and Others v. Executors of Thomas Graham — Notes, 12 Sep 1821
- Petition — Andrew Paton & Others against Lord Meadowbank's Interlocutor
- Petition — Elizabeth Chalmers, with concurrence of William Richardson her Husband [2]
- Petition — Mrs. Helen Traill } to Grant a Warrant
- Petition — Per [2]
- Petition — Sir Tho
- Petition — Walter Bell
- Petition — William Rattray against Lord Hermand's Interlocutor [2]
- R. Dunmore, & Co. v. R. Allan and others — Letters, 8 Mar 1786
- Robert Dunmore and Company v. Richard Allan and Others; Archibald Campbell and Others — Answers, 14 Feb 1786
- Sir James Hall and David Weatherley v. Matthew Turnbull and Others — 4 May 1822
- Stewart — Petition, 2 Aug 1782
- Thomas Hart v. Archibald Hamilton — Answers, 25 Jun 1828
- William Cochran v. Kirkland, Neilson and Company — Answers, 3 Jan 1823
- William M'Gavin v. John Haigh — Answers, 17 Jun 1817 [2]
