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Scottish Court of Session Decisions >>
Wallace v Cunningham. [1728] Mor 558 (00 February 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor0200558-100.html Cite as:
[1728] Mor 558
Subject_1 ANNUALRENT. Subject_2 Whether ANNUALRENT be due by CONSIGNATARS?
Wallace v. Cunningham
1728.
February. Case No. No 100.
A consignatary found liable in annualrent.
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Mr Wallace of Inglistoun, in the year 1713, sold lands to Sir James Dick, and certain incumberances remaining unpurged, 2000 merks of the price was consigned in Ballandallock's hands, who gave an obligement to the seller, declaring, That the money was put in his hands to be expended in perfecting and completing the rights and diligences affecting the purchase, and therefore obliging himself to count to the feller for the said sum; and, if any overplus remained, after completing the diligences, to pay the same on demand. In the year 1728, Inglistoun having raised a process, against the present Ballandallock, for recovering the said sum consigned in his father's hands, the Lords found the defender liable for annualrent as well as principal.
