Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.

Campbell of Calder
v.
Rose of Blackhill

Date: 6 December 1752

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[Fac. Col. No. 42.]

In this case the Lords found that a factor is liable for interest upon the rents of lands uplifted by him from the time of a demand made upon him to clear his accounts, by a letter from his constituent, which was about twenty years before the process was raised; so that the factor in this case had the double the balance to pay that he was due. And as there was no factor's fee agreed upon betwixt the parties, the Lords fixed the salary at 2 12 per cent. of the money he uplifted.

N.B. This was allowed to be a new decision, and yet some of the Lords were for carrying the thing so far as to find the factor liable for annualrent, not only from the demand, but from a year after the rents came into his hands, as the Lords' factors are obliged to pay by the Act of Sederunt.