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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Armstrong v Johnston. [1748] 2 Elchies 402 (16 July 1748)
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Cite as: [1748] 2 Elchies 402
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[1748] 2 Elchies 402
Subject_1 MUTUAL CONTRACT.
Date: Armstrong
v.
Johnston
16 July 1748
Case No.No. 25.
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Two persons became bound in a contract of marriage for the wife's tocher of L.10 sterling, and the husband was to find a cautioner to be bound in case of his predecease to repay L.10 sterling to the wife; but the person proposed did not sign the contract; however the marriage went on; and the husband charged these two persons for payment of the tocher; who suspended because the husband's cautioner had not signed, and so the contract was imperfect. Lord Strichen repelled the reasons of suspension, and found the letters orderly proceeded, the husband finding caution to the wife before extract.—Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting