The Magistrates of Glasgow v. William Macfait and Others
Date: 15 February 1755 Case No. No 119.
A verbal promise by a lesser, which induced the lessee to enter into a written agreement, not probable by witnesses.
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Macfait and others took a lease of the malt-mills of Glasgow, and granted bond for the rent.
Being charged by the Magistrates for payment of this bond, they obtained suspension, and pleaded; That the Provost of Glasgow promised, at the time of the bargain, that the brewers, who imported ale, brewed by them without the regality of Glasgow, should pay multures to the malt-mills: That this promise, which induced the suspenders to give the rent demanded, has not been performed; and that a proportional deduction ought therefore to be made from the rent. Of this promise they demanded a proof by witnesses.
Answered for the Magistrates of Glasgow; No such promise was made, nor could in reason have been made; neither is a proof by witnesses competent. The terms of a lease in writing may not be altered, nor a bond, apparently absolute, rendered conditional by the evidence of witnesses. Parties who contract in writing, are understood to reject all proof of the obligation other than what arises from the deed itself, or from writings relative to it. Solemn obligations in writing must not be invalidated by witnesses, who may forget the precise words uttered at the time of the bargain, or not understand their import, or wilfully misrepresent them.
“The Lords refused to grant a proof by witnesses, and found the letters orderly proceeded.”
Reporter, Justice-Clerk.Act. Miller.Alt. Lockhart.Clerk, Gibson.
Fol. Dic. v. 4. p. 157. Fac. Col. No 137. p. 206.
