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Cite as: [1667] Mor 13400

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[1667] Mor 13400      
Subject_1 RECOMPENCE.
Subject_2 SECT. I.

If one can be made liable whose benefit was not intended.

Lumsden
 v.
Summers

Date: 12 June 1667
Case No. No 3.

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A party having furnished corn and straw to a rebel for entertaining of his cattle, was found to have no claim against the donatar of escheat, though the only person who was benefited thereby, in regard the furnisher followed the faith of the rebel only, without any view to benefit the donatar.

 Fol. Dic. v. 2. p. 316. Dirleton.

*** This case is No 44. p. 8359, voce Litigious.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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