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John Muirhead of Breadisholm, executor to his brother George, who had been agent for the town of Haddington, pursued them for his account, made up of monies laid out in their business, by order of the Magistrates, and a consideration for his pains, ending in 1731, and obtained a liquidation thereof, 3d February 1750; but having claimed annualrent, the Lord Ordinary, by the same interlocutor, found none due.
Pleaded in a reclaiming bill, interest is due to him as a mandatar upon money laid out, l. 12. § 9. Mandati. December 1736, Aubray and Cullen against Executors of Ross, No. 68. p. 528. And as the sum allowed for pains was no more than a reasonable gratification, if paid at the time, it follows, that interest is due thereon, after so long a delay of payment.
The Lords refused the bill.
Per H. Home.
D. Falconer, v. 2. No. 141. p. 165.
*** Kilkerran's report of this case is No. 70. p. 532. voce Annualrent.
