Morton & Co v. James Colquhoun and George Macfarlane
Date: 21 November 1783 Case No. No 135.
Caution for violent profits comprehends reparation of damage, done to the subjects let.
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Colquhoun and Macfarlane having become cautioners to Morton and Company “for the violent profits” for which a tacksman might be found liable in consequence of his refusal to remove, were sued for reparation of the damage done to certain subjects of the tack; in opposition to which claim, they contended, That though by the above-mentioned terms of their obligation, they were indeed bound to the extent of the highest profits which could arise out of the subjects set, yet their obligation did not include the repairing of such damage.
The Lord Ordinary repelled the defence; and, on advising a reclaiming: petition, with answers,
The Lords adhered to the interlocutor of the Lord Ordinary.
Lord Ordinary, Kennet.Act. Hanyman.Alt. Craig.Clerk, Campbell.
Fol. Dic. v. 4. p. 226. Fac. Col. No 128. p. 202.
