Scottish Court of Session Decisions

Subject_1 IMPLIED DISCHARGE and RENUNCIATION.
Subject_2 SECT. VI.

Irritancy incurred, how past from.

Customers
v.
M'Math

Date: 22 December 1612
Case No. No 33.

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In an action of declarator, pursued by the Customers against Edward M'Math, the Lords found that a failzie upon a clause irritant was purged, in so far as after the failzie the parties acknowledged Edward M'Math as partner, by admitting of him to their meetings, and hearing of their accounts as one of their partners; item, that payment was made by Edward, at the least a precept directed by the Comptroller for payment to Edward of 1000 merks, which precept was accepted by the Customers, and thereby they became his debtors, and consequently might have retained that sum in their own hands, and so per consequentiam the failzie was purged.

Fol. Dic. v. 1. p. 433. Kerse, MS. fol. 109.