M'Carter v. Stewart & Mackenzie

Subject_1 Sale Subject_2 Contract Subject_3 Rejection of Goods. Facts: Held that the ordinary rule in a contract of sale as to rejection of goods which are in-sufficient in quality, viz., that the buyer is bound to give immediate notice to the seller and to rescind the contract, may be relaxed in a case where there is a course of dealing between the parties with deliveries from time to time.

This was an action raised in the Sheriff Court of Renfrew by John M'Carter, marine store dealer, Glasgow, against Messrs Stewart & Mackenzie, paper-manufacturers there, for the price of various bales of “round ropes” alleged to have been delivered in the month of February 1876 to the defenders.

The Sheriff-Substitute (Cowan) ordered a proof. It appeared that there had been a course of dealing between the parties of some duration, the goods being delivered at various times in various quantities. The Sheriff-Substitute thereafter held that the bales which were found to be of deficient quality were those delivered by the pursuer, and he so far found in favour of the defenders. The Sheriff, on appeal, finding that there was no doubt of the deficiency of the goods, and that they were those furnished by the pursuers, adhered, adding this note:

The pursuer appealed, and argued on the question of law that the defender was bound, on the authority of the cases of Chapman v. Couston , March 10, 1871, 9 Macph. 675 , H. of L. 2 Law Rep., Scotch App. 250 ; Page: 573 ↓

Counsel for Pursuer — Balfour—M‘Kechnie. Agent— Thomas Carmichael , S.S.C.