Arnot v Watt
| Jurisdiction | Scotland |
| Judge | Lord Eldin. B |
| Judgment Date | 12 May 1825 |
| Court | Court of Session (Inner House - Second Division) |
| Docket Number | No. 2. |
| Date | 12 May 1825 |
Lord Eldin. B.
Sale—Acquiescnce.—
Watt sold a quantity of malt at 27s. per boll to Arnot, who, on the 14th of June, sent his bill at four months the amount. After writing a letter on the 27th, demanding payment, Watt, on the 2d of July, raised an action before the Magistrates of Glasgow against Arnot, alleging that the purchase was a ready money bargain, and that he returned the bill to Arcot immediately after receiving it, and concluding for instant payment. This allegation having been denied, Watt referred it to the oath of Arnot, who deponed, that although he had the bill in his hands at a meeting on the 16th of June, yet he had returned it to Watt, and never received it back. Arnot then pleaded in defence, 1. That as Watt had retained the bill so long without objection, he must be held to have acquiesced in that way of settling the transaction; and, That, by the custom of Glasgow, a credit of four months was always allowed on sales of malt.
The Magistrates allowed a proof of the custom; on advision which, they decerned in terms of the libel; but a bill of advocation having been presented by Arnot, Lord Ordinary1 remitted to them with instructions to recal their interlocutor, and to assoilzie Arnot. The Court unanimously adhered.
An allegation that malt had been sold for ready money, found barred by the seller having received a bill, and made no objection to it for nearly three weeks there after.
1 Lord Cringletie, on advising a first bill, refused it for the reasons stated in this note:-
‘The Lord Ordinary has no doubt that this case is rightly decided by the Magistrates of Glasgow. In the place, in point of law, he considers it to be clear, that if credit for a certain definite time be not understood by inveterate practice in any branch of trade, it is the duty of the buyer to stipulate for it; for if he do not, the only certain rule of law is, that ready money must be paid. The seller may withhold the commodity, if he choose, till he gets payment; but if he deliver, he is entitled to immediate payment, or an action to enforce it. The complainer has quoted a passage from Mr. Brown's law of sale, which has no reference what-ever to the point at issue in this cause, but applies entirely to the question, whether the property of a thing sold is transferred or not, and whether the seller is entitled to withhold the subject till he get the price, and if he do...
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