Click here to view a pdf copy of this documet : PDF Copy
Brown, the defender, being pursued for 200 merks, for the price of a horse, bought by him from the pursuer; and he excepting upon his minority the time of the buying of the said horse, and having curators then who consented not, and in his lesion and circumvention the horse being crooked when he was sold, and that he offered to render him as whole as he received him; this allegeance was repelled, and the action sustained; and it was found, that a minor's block for a horse of this price, in respect of the defender's estate, who was Laird of Cockburnspath, might subsist and take effect, notwithstanding that the curators consented not; and the alleged lesion, and offer of restitution was not respected, seeing it was now made pendente lite; whereas, it was a year past since the defender received the horse, since the which time he had made no such offer.—See Sale.
Act. Nicolson.Alt. ——.Clerk, Hay.
Fol. Dic. v. 1. p. 577. Durie, p. 412.
