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Action for payment of L. 20 Sterling, for the price of deals bought by his bond. Alleged, He promised never to seek the price, if he sold any more of his deals which he then had in his ship within the bounds of Strathnaver, whereby the defender might be prejudged in the sale of his deals; and true it is, that he sold 1000 deals in the town and about to others. The Lords found the allegeance relevant to be proved, the condition scripto, and the selling prout de jure. Term circumduced, and decerned.
Clerk, Hay.
Fol. Dic. v. 2. p. 230. Nicolson, MS. No 465. p. 321.
