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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Mitchell v John Pringle of Woodhead. [1673] 1 Brn 688 (1 July 1673)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Robert Mitchell
v.
John Pringle of Woodhead
1 July 1673 Click here to view a pdf copy of this documet : PDF Copy
Robert Mitchell, as assignee to a decreet before the commissary, against John Pringle of Woodhead, having charged him to make payment of one hundred and fifty three pounds, as the price of merchant ware, sold and delivered by his father, did Suspend, and intent reduction, upon this reason;—That the ground of the decreet being for a merchant's account, was not probable but scripto vel juramento, and was prescribed as to all probation by witnesses: notwithstanding whereof, witnesses were led; and, upon their depositions, decreet was given.
It was answered, That the ground of the decreet was founded upon the suspender's promise of payment, which he having confessed, in case the delivery of the goods should be proven, and not having adjected that quality, that it should be proven by writ, the prescription was taken off, that they might prove prout de jure.
The Lords did find the letters orderly proceeded, in respect of the promise confessed, without that quality, that the libel was probable by witnesses.
Page 348.
The electronic version of the text was provided by the Scottish Council of Law Reporting