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Subject_1 PACTUM ILLICITUM.
Wilkie
v.
M'Neill
1740 ,Nov. 6 .
Case No.No. 11.
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The Lords were of opinion, that setting aside the question, Whether bargains concerning run goods are at all lawful? the interlocutor in this case was wrong, because the brandy truly was delivered by Wallace the seller to Wilkie, the joint purchaser, which was the same with delivery to M'NeilL The President indeed thought the merx was illcita and not binding. Rut the Court were all of a different opinion, and therefore found M'Neill liable for the sums- in the bill, with a proportionable abatement effeiring to the ease that Wilkie got from Wallace; and they thought the decision betwixt Young and Gilchrist and the act on which it was founded, has no connection with this case because of the delivery.—18th November The Lords adhered without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting