A carrier's horse, hired to carry 16 stone, dying by being overloaded, the merchant having put 20 stone on his back, the Lords sustained process for the price, but not for the profits that might have been made of the horse.
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A carrier having agreed to carry a merchant's packs to Wigton, pursued the merchant for the price and profits of his horse, because he died and was bursen in default of the merchant, who promised only to make the packs of 16 stone weight, and yet made them of 20 stone weight;——The Lords sustained the summons (albeit the owner of the horse laid on the packs and drove the horse,) for the price of the horse, but not the profit; it being verified by the merchant's oath, that he promised to make the packs only of 16 stone weight, and no heavier, and that in contrary thereof he made them of greater weight.
Fol. Dic. v. 1. p. 208. Haddington, MS. v. 2. No 1947.
