Angus And Catherine Combe Against Pert's House Furnishers Limited
| Jurisdiction | Scotland |
| Judge | Sheriff Gregor Murray |
| Neutral Citation | [2018] SC FORF 28 |
| Court | Sheriff Court |
| Date | 12 March 2018 |
| Docket Number | SC56/16 |
| Published date | 03 May 2018 |
SHERIFFDOM OF TAYSIDE CENTRAL AND FIFE AT FORFAR
[2018] SC FORF 28
SC56/16
JUDGEMENT OF SHERIFF GREGOR MURRAY
in causa
ANGUS AND CATHERINE COMBE
Pursuers
against
PERT’S HOUSE FURNISHERS LIMITED
Defenders
Forfar, 12 March 2018
Findings in Fact
[1] The parties are designed in the instance. This court has jurisdiction.
[2] On 25 March 2015, the Pursuers visited the Defenders’ premises in High Street
Arbroath as they were considering purchasing two and three seat reclining leather settees.
They looked at a settee in the Defenders’ sale, where they met the Defenders’ Director David
Pert. They told him they were looking to buy high quality settees which Mrs Combe could
easily sit down and rise from as she suffers from Rheumatoid Arthritis and Fibromyalgia.
[3] Mr Pert suggested the Pursuers look at the Lazeboy Georgia range, which he
reasonably considered to be a high quality product. The parties did not discuss what each
understood a high quality product to comprise.
[4] Mr Pert took the Pursuers to the Defenders’ storeroom, where he showed them a
chair from the Georgia range. The Pursuers both sat in the chair, which they liked. The
Pursuers then contracted to purchase two and three seat Lazeboy Georgia leather reclining
2
settees from the Defenders at a price of £3,599.00. Number 5/1 of process is a sales receipt
they received for their order.
[5] The Pursuers paid the contract price to the Defenders by credit card. The Defenders
delivered the settees to the Pursuers’ home on 27 May 2015. Certain elements of their
manufacture were warranted by Lazeboy. Number 5/10 of process is a copy of Lazeboy’s
standard guarantee.
[6] Shortly after the settees were delivered, the Pursuers visited Tenerife on holiday for
two weeks. Soon after they returned, they visited their daughter in Oxford for between two
and three weeks. In September 2015, they again visited Tenerife on holiday for a week.
When they were at home, the Pursuers used the settees daily. They found them suited to
Mrs Combe’s needs.
[7] In November 2015, the Pursuers believed the seating areas on the settees were
sagging. The Pursuers contacted Mr Pert and complained about these problems. Mr Pert
came to their home, viewed the settees and told the Pursuers that he would arrange for an
upholsterer to look at them. He then instructed Absolutely Upholstery, Arbroath to examine
the settees.
[8] On 18 November 2015, Absolutely Upholstery sent a report to the Defenders. It
stated that the Pursuers had complained that the foam seating had become soft and that the
topcoat from the bottom of the footrests had come off. The report stated that while the seats
on the settees had softened and the footrests had become scuffed, both were a consequence
of fair wear and tear. Creasing in the leather on the footrests had occurred naturally. To
repair the problems, they recommended that foam padding in the seats be replaced with a
higher density type and the affected footrest areas be recoated. Number 5/2 of process is a
copy of their report.
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