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Hamilton v Hamilton. [1629] Mor 830 (13 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0200830-015.html Cite as:
[1629] Mor 830
Subject_1 ASSIGNATION. Subject_2 Nature and Effect of an Assignation.
Hamilton v. Hamilton
Date: 13 July 1629 Case No. No 15.
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An assignee to a contract, or bond, if he charge the other party to fulfil to him as assignee, his part of the said contract, the defender may allege that the cedent must fulfil his part first, or at least per simul & semel; whilk the Lords allow, for that contract whereunto the charger is made assignee; but if the cedent be obliged to the defender by another contract or bond, the assignee is not holden to answer to the same.
