Conventional Irritancy in Bargains, Contracts, and Entails, if purgeable. - Irritancy relative to legatum liberationis, when purgeable.
Earl of Morton v. Douglas
1609.
July. Case No. No 78.
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In an action pursued by William Earl of Morton against Hugh Douglas of Billbruckt, to hear and see a bond made by his Lordship, whereby he has promised to set a tack of the mill of Morton to the said Hugh, providing he paid to him 500 merks at a certain term, to be rescinded and declared ineffectual, because Hugh Douglas had not paid the said sum at the said precise day, the Lords found the bond null, and to be expired, notwithstanding there was no clause irritant contained therein; and that notwithstanding Hugh offered to crove, that within ten days after the term he had really offered the money.
