Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Ker
v.
Sir Thomas Thomsone
1650 .January 18 and22 .Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Ker against Sir Thomas Thomsone,—the reason instructed by the tack, alleging, That he is only bound for so many bolls, for £8 the boll, and so must be free for the £8, quasi electio sit debitoris,—was repelled, and the tenant decerned in the bolls;—the charger condescending how many he had sold, and if he had enough in his barn-yard; as if the tack had said, at least £8 for ilk boll, if the victual should come never so cheap; the same being to be paid for the lands of Dudingstoune.
Page 175.
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