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Cite as: [1748] 1 Elchies 415
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[1748] 1 Elchies 415
Subject_1 SALE.
Hugh Campbell
v.
William Barry
1748 ,July 15 .
Case No.No. 7.
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Campbell sold Barry 58 cows, and got his bill for the price, payable 1st February 1746, and it was agreed that the cattle should remain in the seller's parks of Kilsyth till the buyer could dispose of them, and take them away, and in the mean time they were marked by the buyer's mark, and he afterwards carried off 32 cows, leaving 26; and there-after one M'Donald, who had been Campbell's herd, and had the charge of the parks, (Campbell being at a great distance) joined the Rebels, and hounded them out to take away the remaining 26 cattle; wherefore Barry suspended his bill for the price; and upon a proof Minto found Campbell liable for the villany of the servant M'Donald. But on a reclaiming bill we found him not liable. Renit Justice-Clerk, Minto, Drummore, Kilkerran.
The electronic version of the text was provided by the Scottish Council of Law Reporting