Where the Qualified Oath imports a Denial of the Libel.
Lauder v. M'Gibbon and Medina
1727.
January. Case No. No 13.
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Lauder insisted against M'Gibbon and Medina for payment of a certain sum, as the price of goods furnished to them, and referred all to their oaths. M'Gibbon acknowledged the receipt of some goods, but adjected this quality, that he received them in consequence of an agreement for teaching the pursuer the violin; Medina also acknowledged the receipt of some goods, with this quality, that he got them in consideration of pictures he was to draw of the pursuer and his lady, that he had made ready canvasses, and was still willing to perform. The Lords found these qualities intrinsic.
