Triennial Prescription of Accounts, Act 1579. c. 83.
John Watson, Mason in Broomhill, v. The Lord Prestonhall
Date: 21 February 1711 Case No. No 299.
The performance of a bargain entered into by writ, falls not under the triennial prescription.
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In a suspension at the instance of the Lord Prestonhall of a charge given to him by John Watson, for payment of L. 219: 17:2, resting to the charger, for building some mason-work, conform to a contract entered into betwixt the charger and the suspender; the pursuer offered to prove by witnesses, that he had performed the work. It was alleged for the suspender, That the performance of the work not being proved by the contract, is prescribed quoad modum probandi by witnesses, since it was not insisted upon within three years, act 83d, Parl. 6th, James VI. But the Lords found, That the said act of Parliament took no place here, the bargain being proved by writ.
