[1788] 2 Elchies 396
Subject_1 MUTUAL CONTRACT
Date: Kennedy,&c
v.
Cameron
5 December 1738
Case No.No. 11.
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In the above case betwixt Kennedy, &c. and Cameron, (No. 1.) the Lord 9th June 1738, found Doctor Cameron obliged to stock out such of the by gone annualrents of the tocher as are yet due, to make up the principal sum that Mr Watson was by the contract obliged to secure, in the terms thereof, though the prestations on Watson's part be not performed; and found his wife entitled to no aliment during the standing of the marriage out of the tocher. But upon a reclaiming bill, they found that no action for implement of Mr Cameron's part of the contract does lie, till the counter part be implemented.
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