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Subject_1 SALE.
Smith
v.
Brown
1735 ,Dec. 12 .
Case No.No. 1a.
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A parcel of sheep, sold at 100 merks the score, under condition that they should not be sold to one Wellwood, or brought back to Scotland, otherwise the price to be L. 100 the score,—the Lords found the paction binding, 7th November 1735.
December 12, The Lords were unanimous in adhering to the interlocutor pronounced 7th November, (and signed the 8th) finding the bargain lawful, but were not unanimous that the sheep sold were for Wellwood's behoof. Several were for examining Scot and Palmer, (inter quos ego) but by the majority the interlocutor was adhered to as to that point likewise.
The electronic version of the text was provided by the Scottish Council of Law Reporting