Mawson v Morris

Contract – Sale of Goods – Breach of contract – Misrepresentation. Sheriff Appeal Court: Allowing an appeal in an action in which the respondent averred that appellant was in breach of a contract for the sale of a pony to him as it was an implied term that the goods would correspond with the description and the pony's height was not 128 cms as described by the appellant, the court held that the sheriff had addressed himself to the wrong question and was not entitled to conclude that the pursuer had proved on balance of probabilities that the pony was not 128 cms as described by the appellant when offering the pony for sale and at the point of sale, and he ought not to have not to have concluded that she was in breach of contract, nor that she misrepresented the pony's height.

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