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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leod of Genzies v Wights. [1743] 1 Elchies 327 (25 January 1743)
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Cite as: [1743] 1 Elchies 327
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[1743] 1 Elchies 327
Subject_1 PENALTY.
M'Leod of Genzies
v.
Wights
1743 ,Jan. 25 .
Case No.No. 1a.
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The Lords seemed all to be of opinion, that a contract of victual, obliging the seller to deliver, under a small penalty for every boll undelivered, without adding by and attowr
performance, the seller might notwithstanding, in case of not delivery, be liable in damages, but if by any fatality the seller be not able to deliver, as was generally the case in the year 1740, that in that case he ought only to be liable in the liquidate penalty. Arniston told us he had given such a judgment in a case before him; and Dun told us the same of a case before him; and I think at the same time, in February, affirmed an interlocutor of mine to that purpose betwixt Trades of Dundee and Earl 8trathmore.
The electronic version of the text was provided by the Scottish Council of Law Reporting