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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Anne Gordon v The Earl of Aboyn. [1685] 2 Brn 81 (00 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn020081-0213.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Lady Anne Gordon
v.
The Earl of Aboyn
1685 .March Click here to view a pdf copy of this documet : PDF Copy
The Earl of Aboyn being pursued by Lady Anne Gordon, as representing his father, who was factor for the pursuer, and so liable to do ordinary diligence for uplifting the rents of her locality, which are now become desperate by the poverty of tenants, seeing mandatarius tenetur ad talem fidem et diligentiam in rebus mandatis qualem præstare solet in suis;—Answered for the defender, That, by the quality of the factory, he was liable for actual intromissions allenarly, and could not be obliged to intromit; and his service was gratuitous. The Lords sustained the answer for the defender.
Page 258, No. 914.
The electronic version of the text was provided by the Scottish Council of Law Reporting