[1628] Mor 6840
Subject_1 INDIVISIBLE.
Subject_2 SECT. II. Writs of importance subscribed by only one Notary.
Date: Robison
v.
Jamieson
2 December 1628
Case No.No 9.
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In a transferring of a contract betwixt two parties, whereby the one sells some wares to the other, at the price contained in the contract for each stone thereof, and granted him to have received L. 80 in part of that price; this contract being registered, was desired to be transferred in the heir of him, who was obliged for the wares after the contractor's decease. And the defender alleging a nullity of the contract, because it was of a matter for above L. 100, which thereby was a matter of importance, and was only subscribed by a notary before three witnesses; this allegeance was repelled, because the pursuer restricted his pursuit to have execution only for the L. 80 confessed to be received thereby; for the which the Lords sustained the pursuit, for delivery of as many of the wares sold by the contract as effeired to that sum received by the conception of the contract, and also because the contract was registered.
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