Effect of an obligation to employ money to the best advantage for behoof of another.
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An husband being obliged to employ 10,000 merks to his wife in liferent, and when it was uplifted, to employ the same again as commodiously as he might to her use; and he having employed the same, after his decease, it is redeemed from her and his heirs by the debtor; at the time of which redemption, the heirs being minors, and the curators offering the money to the relict to be employed by herself, and offering their concourse thereto, which being refused by her, and they desiring her concourse to seek and find one to take the same for profit, and she not finding any, but refusing to meddle therewith, and the minor having done most exact diligence to get employment, and finding none till mid-term was past, and then being constrained to let it out for a quarter-term's profit, and so contending that they had done all they might, and which the most provident could do in their own affairs, they alleged that they could be no further obliged; notwithstanding whereof it was found, albeit the contract obliged only to employ to the best commodity might be, that for the bygone terms no more should be asked and paid to the liferenter but that quantity which was received for the money; but found, that in time coming, the heirs remained, ever and still obliged to the liferenter in annualrent for that money, of all terms after the term of payment of the money employed by them as is above written, albeit the heirs did never so great diligence, and albeit they should never get it employed, which should not liberate them thereafter.
