[1741] 1 Elchies 348
Subject_1 PRESUMPTION.
Watson
v.
Rose
1741 ,July 3 .
Case No.No. 12.
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Watson pursuing Rose for six years wages; alleged none were due because none agreed for; that the pursuer was sent to the defender by his the defender's brother for his education as a servant; that he clothed and educated him, and made him a supernumerary waiter, and he made great profits in the defender's service. Answered, Wages due without paction, the pursuer having before been a servant to the defender's brother for wages, 20 merks. Replied, The pursuer's wages, what he got from the defender's brother, were not bear equal to the clothes the defender gave him, besides his education and other profits. The Ordinary's interlocutor had found no wages due, and the Lords adhered and refused a bill without answers.
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