Effect of failure of the end in view in granting a deed.
Mr Robert Young v. Alexander Erskine
Date: 25 January 1745 Case No. No 33.
An obligation to pay a salary for a prestation, was found to cease when the prestation became impossible to be performed.
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The managers of the Episcopal Meeting-house at Montrose, having, by their letter addressed to Mr Robert Young, invited him to be their assistant minister, promising him a salary of L. 30 Sterling yearly, and to continue him in that station until he should be otherwise provided for in some ecclesiastical preferment, or by some fault of his, were lawfully removed. The Lords, 19th December 1744, “Found the managers were no longer bound than during the subsistence of the congregation.” And, on a reclaiming bill and answers, they adhered.
It being disputed whether the congregation was actually dissolved, the managers made offer to give him up the house, and let him take his hazard of what voluntary encouragement he could get, the former income of the meeting-house having been vastly more than his salary.
The Lords sustained this offer, and the same was accepted of.
Act. Williamson.Alt. Lockhart.Clerk, Kilpatrick.
D. Falc. v. 1. p. 57.
