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Cite as: [1680] Mor 9165

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[1680] Mor 9165      
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. II.

Contract performable at different periods. - Effect of non-performance, and of over-performance. - If the one party repudiate, is the other free? - Whether irritancy implied by failing to perform at the day. - Effect of improper performance. - Contract for mariners wages. - Contract between master and servant. - Contract of affreightment. - Contract not signed by all parties. - Obligation ad factum pręstandum.

Anderson
 v.
Bruce

Date: 21 December 1680
Case No. No 26.

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A party having raised reduction of a decree-arbitral upon the head of iniquity, it was found, That he could not afterwards take the benefit of it in a process at the other party's instance against him, and that the other party was at liberty to pass from the decree-arbitral in his turn.

 Fol. Dic. v. 1. p. 597. Stair.

*** This case is No 3. p. 607. voce Approbate and Reprobate.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor2209165-026.html