Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scougal and Young v Gilchrist. [1736] 1 Elchies 310 (16 November 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010310-007.html
[New search] [Printable PDF version] [Help]
Subject_1 PACTUM ILLICITUM.
Scougal and Young
v.
Gilchrist
1736 ,Nov. 16 .
Case No.No. 7.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found the reason of suspension relevant, that the chargers at the time of the purchase knew the goods were uncustomed or prohibited goods within the meaning of the statute, 11 Geo. I. Cap. ult.
*** The case Cockburn against Grant 11th and 21st November 1741 here referred to, is mentioned as follows: This question is anent the sale of prohibited goods, Whether action lies for performance or damages? the very question determined 16th November 1736, Young against Gilchrist; and we found, as we then did, that there lies no action for performance or damages, renit. Royston, Arniston, and some others; but for the judgment were President, Justice-Clerk, Drummore, Kilkerran, Balmerino, Monzie, Murkle, Leven, ct ego;—and 21st November adhered, and refused a bill without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting