Transference of an action at the instance of an assignee.
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William Robertson, cessioner and assignee constitute to one Traquair, convened John Jamison to hear and see a contract made between the defender's father and the pursuer's cedent (whereby the defender's father was obliged to deliver to the other 100 stone of butter, for which the cedent should pay him £.3 the Stone, whereof he advanced £.80 at making of the contract) transferred in him passive. Alleged, The contract could not be transferred, because it was null in law, being only subscribed by one notary and three witnesses. Replied, That ought to be repelled in respect he declared, that he craved transferring only to the effect, that he might have repetition of his £.80 advanced, by reason of which restriction his action should be sustained. Duplied, The contract once being null in toto, could not be sustained in part. The Lords in respect of the reply sustained the action.
