Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Samuell and - Hoyles
v.
The General and Master of the Mint and Others

Date: 9 November 1671

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The said Hoyles, as executors to their father, having pursued the Master of the Mint, upon a contract, whereby he was obliged to pay to the defunct, monthly, a sum of money for a quantity of copper, which he was obliged to melt for their use, whereof there was two months resting:

It was alleged for the defenders, That the said Hoyles having served ten months, whereof two are only resting, and during the former months, the copper melted by him having suffered great prejudice through his default in not melting it conform to the conditions agreed upon, the damage whereof did exceed all that was due these two last months; they ought to be assoilyied from payment thereof.

It was replied, That the quantities to be melted being delivered and received, and the said Hoyles, employed, satisfied of his fees, nothing could be retained for any alleged damage as to the quantities, to burden the two last months' payment now craved.

The Lords found, that payment being made without any protestation or instruments taken, and that the money was delivered as monthly payments, and not to an account, nothing could be retained for damage suffered, to affect the two last months' payment; especially the party employed being now dead.

Page 194.