Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Ogilvy
v.
James Hume;

and

Fairy
v.
Craig-Darroch and Lag

1683. February.

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In a pursuit at the instance of the representatives of an apothecary, for payment of a bond for apprentice fee, granted to the defunct by his apprentice,—it was alleged, That the apprentice having been bound for five years, his master died after he had served but three years, a proportion of the fee ought to be retained, as causa data non secuta. Answered for the pursuers, That, after three years, in which time the apprentice had sufficiently learned the trade, the want of his future service was only prejudicial to the master. The Lords allowed retention of a proportion, which was modified.—February 1683, Ogilvy against James Hume.

And in another case, where a master broke, while some years of the apprenticeship were to run, the Lords allowed a proportional abatement.—James Fairy against Craigdarroch and Lag.

Page 41, No. 186.