A party in whose favour a clause in a contract is conceived tho' he be not a contractor, may use summary diligence against the obligant.
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In a suspension at the instance of the Lord Whittinghame against Spence, the Lords found, That a party in whose favours some clause of a contract is conceived, albeit he be not contractor in that contract, may raise summary charges upon that clause, against the party obliged to fulfil the same to him, and that he needs not seek implement thereof by an action, or by seeking registration of the contract at his instance, but that charges may be raised thereupon summarily; which the Lords sustained, the contract being registrated before, betwixt the principal parties contractors.
Act. Douglas.Alt. Belshes.
Fol. Dic. v. 2. p. 403. Durie.
