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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Daniel Campbell, Collector at Port-Glasgow, v Sir Alexander Anstruther of Newark. [1706] 5 Brn 27 (18 January 1706)
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Cite as: [1706] 5 Brn 27
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[1706] 5 Brn 27
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, Reported By REPORTED BY WILLIAM FORBES, ADVOCATE.
Date: Daniel Campbell, Collector at Port-Glasgow,
v.
Sir Alexander Anstruther of Newark
18 January 1706 Click here to view a pdf copy of this documet : PDF Copy
The said Daniel Campbell having charged Sir Alexander Anstruther to perform a minute of sale of the lands of Shawfield, and others, about the town of
Rutherglen, he suspended upon this reason, that the charger had passed from his bargain, in so far as, the suspender having afterwards acquainted him by a letter, that he could get his whole interest in Kilbride sold to the Dutchess of Hamilton, if these in the minute were included: the charger returned answer, that he would be sorry if his bargain should obstruct the suspender's selling the rest; but if the Dutches were ambitious of his little bargain, she should be welcome to it for some consideration. Upon the faith of which letter the suspender had entered into a contract with the Dutchess for the lands in the minute. The Lords found, the letter was not an overgiving of the bargain, and did not put Sir Alexander in tuto to enter into a new one with the Dutchess ; but that he behoved to fulfil and perfect the first minute.
Vide February 13, Dutchess of Hamilton contra Campbell.
Page 73.
The electronic version of the text was provided by the Scottish Council of Law Reporting