Johnston and another v R&J Leather (Scotland) Ltd

Contract – Sale of Goods – Rejected goods – Duty to retain rejected goods. Sheriff Appeal Court: Refusing an appeal in an action in which the sheriff had granted the respondents an order for payment after they had properly and justifiably exercised a right of rejection in relation to a leather living room suite purchased from the appellants, the court held that even though the respondents no longer had the suite and could not return it, they could recover the sum awarded: the respondents did not have an ongoing duty, whatever the circumstances, to retain the goods rejected until relieved of them by the appellants; the seller's actions or inactions were such as to entitle the buyers to do as they wished with the goods.

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