The direction to deliver victual to a certain person, found proveable only scripto vel juramento.
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Alexander Brown, burgess of Edinburgh, pursuing Alexander Hamilton for payment of the price of 12 bolls of bear, as delivered by the pursuer at the defender's direction, to a certain person condescended upon, at least as received by the defender's servant from the pursruer; and the defender alleging, That the summons was not relevant, bearing, that the defender directed to receive the said 12 bolls of bear, but only to be proved by writ, or the defender's oath; and where the libel bore, that the pursuer delivered the victual to the defender's servants, in the defender's name, he also alleged, That ought to be proved by writ, or oath of party; the Lords found that part of the summons, anent the delivery of the victual, at the defender's direction, ought to be proved in that part, viz. anent the defender's direction, only by writ or oath of party; and anent that part, where it bore to be delivered to the defender's servant, the Lords ordained the pursuer to condescend upon the particular person, who it was that received the victual; and it being condescended upon, and proved that he was then the defender's servant, the Lords sustained the summons to be proved by witnesses.
Act. Baird.Alt. Herriot.Clerk, Hay.
Fol. Dic. v. 2. p. 228. Durie, p. 862.
