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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leod of Genzies v Wights. [1743] 2 Elchies 433 (25 January 1743)
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Cite as: [1743] 2 Elchies 433
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[1743] 2 Elchies 433
Subject_1 PENALTY.
Date: M'Leod of Genzies
v.
Wights
25 January 1743
Case No.No. 1.
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The Lords were of opinion (but did not decide) that a contract of victual where the seller is bound under a small penalty (here it was ten-pence) for each undelivered boll, but not “by and attour performance,” if he has the victual, and do not deliver it, but sell perhaps at a higher price, he is notwithstanding liable in damages. But if by fatality he cannot deliver, (as in 1740) that he is only liable in the conventional penalty. Vide Obligation, No. 5.
The electronic version of the text was provided by the Scottish Council of Law Reporting