[1609] Mor 9203
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. IV. Contract when understood Mutual, when Conditional.
Earl of Morton
v.
Douglas
1609 .July .
Case No.No 54.
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A party having granted bond to another, wherein he binds himself to set a tack of a mill to him, provided he should pay the granter a certain sum at a certain term, the Lords, at the instance of the granter, reduced the bond for not performance of the condition; and this notwithstanding there was no clause irritant in the bond, and that the party, within ten days after the term, made offer of the money.
*** This case is No 78. p. 7256. voce Irritancy.
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