Where the Qualified Oath imports a Denial of the Libel.
Trotter v. Clark
1687.
January. Case No. No 8.
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John Trotter having sold to George Clark five tons of wine; and John Trotter having pursued Clark before the Dean of Guild of Edinburgh, for payment of the price agreed upon; and the bargain being referred to Clark's oath, he acknowledged it, but deponed that he refused to accept of the wines, in respect they were spoiled and insufficient; and the oath being advised, the Dean of Guild found the quality of the oath, anent the insufficiency of the wines, to be extrinsic, and did resolve in an exception, and ought to be otherwise proved than by Clark's oath; and Clark having raised suspension and reduction of the decreet, upon this reason, That the Dean of Guild had committed iniquity in finding that quality, in relation to the insufficiency of the wines to be extrinsic; the Lords found the quality of the oath to be intrinsic, and therefore suspended the letters, and reduced the decreet.
Fol. Dic. v. 2. p. 296. Sir P. Home, MS. v. 2. No 862.
