Page: 489↓
In a petition to the Sheriff-Court for implement of certain conditions in a building contract, the Sheriff pronounced an interlocutor in which the whole conclusions were disposed of excepting one for interdict against the defenders being allowed to proceed further with the work, and the question of expenses. The Court (reference being made to the case of the Duke of Roxburgh v. Marquis of Lothian, May 26, 1875, 12 S. L. K. 472) dismissed an appeal against the said interlocutor as incompetent under the 53d section of the Court of Session Act 1868, (31 and 32 Vict. cap. 100).
Counsel for Pursuers (Respondents)— M'Laren. Agents— Duncan & Black, W.S.
Counsel for Defenders (Appellants)— Trayner. Agent— William Archibald, S.S.C.