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Subject_1 CAUTIONER.
Date: Campbell
v.
M'Lachlan
4 June 1752
Case No.No. 22.
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A tenant being to remove, Campbell, his master, detained his stocking for payment of his arrears. M'Lachlan wrote to Campbell engaging for whatever the tenant and he should agree, and thereon Campbell allowed the stocking to be carried off. The letter was not holograph, and M'Lachlan denied that that was the letter he subscribed, but owned he had signed a letter written by the same person who wrote this. A proof before answer was allowed in the Outer-House; and it was proved by witnesses, that he subscribed the letter; and at advising we found that mean of proof competent, for we considered it as a bargain of moveables; and we found M'Lachlan liable for what was found due in this process, though Campbell and the tenant had come to no agreement. (See Proof.)
The electronic version of the text was provided by the Scottish Council of Law Reporting