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Cleghorn brewer, made a bargain for victual in Cave's name, and his own, with Sir Alexander Hope of Kerse, and these two signed the contract, leaving room for Cave's subscription, who was absent. Cave refusing to accede, and Sir Alexander insisting against Cleghorn for performance, the Lords found that the pursuer was not bound by the contract, which remained an unfinished deed as wanting the subscription of one of the parties contractors, and as thereby he had locus pænitentiæ, the same must be also competent to the defender. See Appendix.
