Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Mr James Mirk
v.
M'Corcadeli

Date: 27 July 1670

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Mirk having married his daughter on this defender; and having, among other obligements, engaged himself to pay 7,000 merks in name of tocher, raises a reduction of this contract, on this reason, that he must be liberated from any performance of such obligements as are upon his part, in regard the other party, his son-in-law, not only has not performed his part, but is altogether unable to perform any part thereof, he not being solvendo for a sixpence; and yet made him believe that his brother, a Laird in the Highlands, had subscribed the contract; whereas there was no such thing; and he has since improven the subscription. Answered,—His not fulfilling not relevat, because ye have an action whereby ye may pursue him for implement.

The Lords inclined much to repel the reason of reduction.

Act. Spotswood. Alt. Trotter. Advocates' MS. No. 98, folio 85.

Vide infra, June, 1677, No. 579, § 6.