Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. IV.

Contract when understood Mutual, when Conditional.

Earl of Morton
v.
Douglas

1609. July.
Case No. No 54.

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A party having granted bond to another, wherein he binds himself to set a tack of a mill to him, provided he should pay the granter a certain sum at a certain term, the Lords, at the instance of the granter, reduced the bond for not performance of the condition; and this notwithstanding there was no clause irritant in the bond, and that the party, within ten days after the term, made offer of the money.

Fol. Dic. v. 1. p. Kerse.

*** This case is No 78. p. 7256. voce Irritancy.