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J. & W. Wood thereafter raised the present action against Tulloch for reduction of the minute of agreement of 3rd March, and of the interlocutor pronounced in the previous action.
The pursuers pleaded—“(1) The pursuers having been induced to enter into the said minute of agreement by material misrepresentations as to matters of fact relating to the subject of sale made by the defender, the pursuers are entitled to decree as concluded for. (2) The pursuers having entered Page: 498 ↓
The defender pleaded, inter alia , (1) that the pursuers' averments were irrelevant.
On 20th July the Lord Ordinary ( Kyllachy ) sustained the defender's first plea-in-law, and assoilzied him from the conclusions of the action.
What I have now to consider is whether the pursuers have stated any relevant case for reducing the contract on either of the grounds set forth in their pleas. I am of opinion that they have not. They do not aver fraud; they do not aver warranty. In my opinion they do not aver anything amounting in law to essential error; that being so, I think their averment of misrepresentation is irrelevant.
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