Defender James Young ordered a quantity of superfine black cloth from pursuer Robert Armour, who routinely sold fabric at fixed prices on behalf of a merchant in Worcester. Armour claimed that the parcel of cloth that was delivered to Young included an invoice specifying the price. However, Young refused to pay that price, and Armour brought suit before the magistrates of Glasgow. Young objected that he never agreed to a particular price, and further claimed that coarse cloth was delivered to him instead of superfine cloth. The magistrates admitted proof regarding the price of the disputed articles, and Armour appealed. The Lord Ordinary not only affirmed the price-related proof, but also directed that proof be allowed regarding whether or not Young had “complained of the bad quality of the cloth recently after delivery thereof.” Armour once again sought review, arguing that the case should be decided based on questions of law.

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