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Brown v Lady Whittingham. [1629] Mor 8468 (17 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2008468-059.html
Where Writ is not necessary. - Where a Bargain is agreed to be perfected in writing. - Locus pćnitentić after Writ is interposed. - Where the Right to be granted is disputable. - Verbal Bargain for a Lease
Brown v. Lady Whittingham
Date: 17 February 1629 Case No. No 59.
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A block of wheat being bought by one Brown from the Lady Whittingham, in presence of the Lord, her spouse, whereupon the buyer gave a dollar in arles, pursues for his interest. It was excepted, seeing there was no writ the seller might resile doubling the arles. To which it was answered, that the bargain was perfect, and the price agreed upon, which the pursuer referred to the defender's oath. The Lords repelled the exception, but reserved the modification of the interest to themselves.
