Birnie and Co. v. Weir

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.