No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?
Peter Rogers and Devreon v. Bailie Baird of Sauchtonhall
1681.
December. Case No. No 160.
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Peter Rogers, merchant in Amsterdam, a Dutchman, having granted a factory to John Devreon his prentice, who was minor, to intromit with and discharge his debts; and the factor having by mistake given a discharge for more than he received, he pursued for restitution upon minority and lesion.
Alleged for the defender, That the pursuer was a merchant, and so to be looked on as a major.
Answered, The stating of accounts is not properly res mercatoria. 2do, A factor who was major could not without an onerous cause discharge the constituent's debt, multo minus the minor, who was a stranger.
