Payment of the penalty does not liberate from performance.
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Pirie being charged to deliver certain quantities of straw to Crichton, conform to his bond, and the other suspending, because, by his bond, he was obliged only to deliver the same betwixt and May, which was not as yet come, and, in case of failzie, to pay a penal liquid sum, which he was content to pay at the day, and so he could not be compelled to pay, or deliver the straw; the Lords found, that the subjoining of the foresaid penal sum, in case of not-delivery, liberated not the debtor from fulfilling of that, which was principally deduced in the obligation; but that, notwithstanding of the provision of the failzie, he ought to fulfil the obligation, by and attour the paying of the failzie; but superseded the execution, while the day came.