Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. III.
Quod statim liquidari potest pro jam liquido habetur.
La Balbegno v. L Lauriston.
Date: 1 December 1626 Case No. No 20.
Found as above.
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In an action betwixt the Lady Balbegno and, L. Lauriston, the Lords would not receive an offer and allegeance of compensation of victual to meet the debt of a liquid sum, acclaimed by the other party, in respect the said offer was not de liquido in liquidum, conform to the 143d act, Parl. 12. Ja. VI. anent compensations, which so appoints the same; albeit the party compenser, to remove that scruple, referred both the verity of the debt of the victual, and also the liquidation of the prices of the victual, to his party's oath of verity, which supplied the instant verification, and liquidation, and was alike therewith, notwithstanding whereof the compensation was refused; but I think the party here was not present to depone, and albeit he had been present, it would have been refused, seeing it was not found a debt by sentence; and that the party alleged, that if he had been pursued for that victual, he had grounds to elide that pursuit, whereby he would not have been found debtor therein. I. C. Quod est liquido proximum compensari potest, (sicut hic apparet) sed ratio decisionis est, quia liquidum sit per testes, vel per alias probationes, non autem per confessionem. Ita L. ult. C. h. t. illud liquidari permittitur quod breviter liquidari potest.
