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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Milne v. Kidd [1868] ScotLR 5_635 (2 July 1868) URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0635.html Cite as: [1868] SLR 5_635, [1868] ScotLR 5_635 |
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Page: 635↓
This was a similar action on a guarantee in connection with the Formartin and Buchan Railway, in which the Lord Ordinary ( Barcaple) had sustained a plea by the defender that the alleged obligation sought to be enforced was different from that contained in the letter of guarantee, and had dismissed the action. The Court held that the decision in the case of Souter applied, and therefore recalled the Lord Ordinary's interlocutor, and remitted to him to proceed with the action.