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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burnet v Clerk. [1771] Mor 10100 (10 December 1771) URL: http://www.bailii.org/scot/cases/ScotCS/1771/Mor2410100-034.html Cite as: [1771] Mor 10100 |
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[1771] Mor 10100
Subject_1 PERICULUM.
Subject_2 SECT. III. Periculum between Mandant and Mandatary. - Postmaster, whether answerable for Money sent by Post.
Date: Burnet
v.
Clerk
10 December 1771
Case No.No 34.
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A farrier being employed to attend a horse that was diseased, the owner directed him to give the horse no medicine but nitre. The farrier accordingly gave the horse nitre; but, to make him swallow it more easily, mixed it with a little treacle. The horse died next day; and the owner brought an action for the price, in respect the farrier had gone ultra fines mandati, in mixing treacle with the nitre. The Court, however, were of opinion, that the defender had not gone ultra fines mandati, but that the mode followed was necessary to fulfil the orders given, and therefore assoilzied.
*** This case is No 8. p. 8491. voce Mandate.
The electronic version of the text was provided by the Scottish Council of Law Reporting