Wilson v Agco Finance Ltd

Contract – Hire purchase agreement – Breach of contract – Damages – Rejection of goods – Relevancy and specification of averments. Sheriff Court: In an action in which the pursuer, a farmer who had entered into a hire purchase agreement in relation to tractor with the defender, a finance company, offered to prove that the tractor was defective, that the defender was in breach of the contract and that he was entitled to damages, the court held that the pursuer's claim, in so far as it was periled upon a valid rejection of the tractor must be dismissed; there was no valid rejection of the tractor; and even if there had been that rejection had subsequently been invalidated by his actions: however the court rejected a contention that the pursuer's alternative claim—that if he had not validly rejected the tractor he was nevertheless entitled to retain it and claim damages for the loss sustained—was irrelevant.

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