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[Sheriff of Perthshire.
Where a man had promised marriage to a woman, and it had afterwards come to his knowledge that she had had an illegitimate child eleven years before, held that he was entitled to draw back from his promise, and was not liable in damages for failing to fulfilit.
Observed ( per cur.) that in a case of this kind, to make good a claim of damages the pursuer would require to prove that the promise had been given or renewed after it had come to the knowledge of the defender that there had been a previous illegitimate child.
Counsel for Pursuer (Appellant)— Moncreiff. Agent— John Gill, S.S.C.
Counsel for Defender (Respondent)— Mair—Rhind. Agents— J. L. Hill & Co., W.S.