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Graham v Duke of Montrose. [1733] Mor 2689 (00 January 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0702689-149.html Cite as:
[1733] Mor 2689
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XVII.
Effect of Compensation, of Retention, of Re-compensation in instances not included in the Preceding Sections.
Graham v. Duke of Montrose
1733.
January. Case No. No 149.
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A nobleman's commissioners having compted with his factor, struck a balance upon the whole save as to six articles, which were kept open to be adjusted by the constituent himself; and accordingly, a docquet is adjected to the accompt, with a reservation of these articles, which were not liquidated till about ten years thereafter; the factor now insisting for payment of a bond due to him by his constituent, it was found, that the fitted accompt, bearing the foresaid reservation, was not a liquid ground of debt upon which compensation could be sustained; seeing reserved articles, some of which were sustained, fell to have entered into that accompt to diminish the balance, and therefore sustained compensation from the date of the total clearance only. See Appendix.
