Homologation of part, whether Homologation of the whole.
Primrose v. Duie
Date: 22 November 1662 Case No. No 85.
Homologation of a decree arbitral quoad one of many articles, not sufficient to homologate the whole.
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Primrose having pursued a reduction of a decreet arbitral betwixt him and Duie, the said Duie alleged homologation of the decreet, by acceptance and payment of a precept directed to him by Primrose, for payment of a part of the sum contained in the decreet, bearing expressly to be in satisfaction of a part of the decreet; which was found relevant, and admitted to Duie's probation; for proving whereof, Duie produced the precept, acceptance, and discharge.—It was alleged, That the writs produced proved not to the homologation of the decreet as to the article controverted, being the freight of a vessel, which Duie offered to prove to have been decerned to have been within the third part of the just avail, and the precept bore payment of five dollars, decerned for the deterioration of the tackling, by virtue of a promise.
The Lords having considered the decreet arbitral and precept, found it proved not the homologation as to the point in question, because the decreet contained diverse heads. The precept bore to pay the deterioration of the tackling, and bore expressly, that the same was uncontraverse, and founded upon the defender's promise.
