Where Writ is not necessary. - Where a Bargain is agreed to be perfected in writing. - Locus pćnitentić after Writ is interposed. - Where the Right to be granted is disputable. - Verbal Bargain for a Lease
Auld v. Kerr and Smith
Date: 9 March 1629 Case No. No 60.
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Robert Kerr and John Smith agree with Alexander Auld to give 500 merks for his right of comprising of 2000 merks owing to John Poole by Duncan Gray, which he had comprised for the said John Poole, and gave the said Alexander a dollar in arles. Shortly thereafter, they rued on the bargain, finding his right to the comprising not good. The said Alexander Auld pursues them for the said 500 merks, and refers the bargain to their oaths. They answered, that since their bargain was of that nature, that it behoved to be proved by writ, they had place to resile before the writ was perfected. The Lords found they might resile.
