Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

William Robertson
v.
John Jamieson's Heir

Date: 2 December 1628

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By contract of umquhile John Jamieson, in Glasgow, he sells Mr Thomas Burnet 100 stones of butter, for three pounds the stone. In the which contract, the said John Jamieson grants him to have received the sum of L.80, in part payment of the price of the said butter. To the which contract, the said Thomas Burnet constitutes William Robertson assignee, who craves the said contract to be transferred, activé, against the heir of the said umquhile John Jamieson, passive. It was alleged, The said contract cannot be transferred; because it was null, being a matter of importance, and subscribed but by one notary. To the which it was answered, Ought to be repelled, because the pursuer declares, that he craves the said contract to be transferred, to this effect, that he may have execution thereupon, allenarly for the sum of L.80, which is confessed by the said contract to have been received by the defunct, and passes from all the remaining heads of the said contract; and as he might pursue for the said sum by way of action, and verify the same to be owing by the said contract, albeit subscribed but by one notary, so he may pursue the said transferring with the said declaration and restriction of the execution to follow thereupon. The Lords sustained the transference, with the declaration foresaid.

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