[1734] 1 Elchies 309
Subject_1 PACTUM ILLICITUM.
Weavers of Calton
v.
Weaveks of Glasgow
1734 ,Dec. 17 .
Case No.No. 2.
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The Lords reduced the contract in toto. My reason was, that the weavers of Glasgow bad in effect given the weavers in these suburbs an exclusive privilege which they could not do, and that being the basis of the wholecontract behoved to fall. Some thought the act 1592 concerning trades in suburbs was in desuetude, to which I own I could not agree, because many decisions had been founded upon it though giving it a different construction, partly between the weavers of Stirling in 1626, the weavers in Perth and Bridgend in 1069, the weavers of Stirling in 1671; and the same act had been the foundation of the decisions between the wrights of Edinburgh and Portsburgh, the tailors, shoemakers, &c. Others thought the contract might subsist in part,—but upon the vote it carried as above.
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