[1743] 1 Elchies 328
Subject_1 PENALTY.
Dempster
v.
Ferguson of Kinmundy
1743 ,July 20 .
Case No.No. 2.
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Find Ferguson of Kinmundy is liable for the current prices of the undelivered bolls of all the victual actually paid to Kinmundy by his tenants, and for the remainder, that he is liable for the conventional penalty of one merk per boll, or in the buyer Dempster's option for the price paid to him, or promised to be paid to him by his tenants.
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