Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
anent obligations
1673.
July.
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It was questioned between two parties, Where there is an obligement specifice conceived to deliver a bond or other paper, if the party obliged will be liberated by offering a decreet proving the tenor of that paper; and if such pactions can be fulfilled per æquipollens, where the specific performance is imprestable, as here by the loss of the paper; and if the said tenor proven is a full and equivalent implement.
The Lords doubted much to receive it. Yet, argumento of the 37th act in the Parliament 1555, we may rationally think this is a maxim of our law, contractus qui non potest impleri in forma specifica, potest suppleri per æquipollens: and that very act refers us to the common law, which holds the same, arg. l. 3, C. de Institutionibus et substit. See also 18th February 1609, Abercorne.
