BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Crichton v Pirie. [1630] Mor 10035 (19 March 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2410035-005.html Cite as:
[1630] Mor 10035
Payment of the penalty does not liberate from performance.
Click here to view a pdf copy of this documet : PDF Copy
Pirie being charged to deliver certain quantities of straw to Crichton, conform to his bond, and the other suspending, because, by his bond, he was obliged only to deliver the same betwixt and May, which was not as yet come, and, in case of failzie, to pay a penal liquid sum, which he was content to pay at the day, and so he could not be compelled to pay, or deliver the straw; the Lords found, that the subjoining of the foresaid penal sum, in case of not-delivery, liberated not the debtor from fulfilling of that, which was principally deduced in the obligation; but that, notwithstanding of the provision of the failzie, he ought to fulfil the obligation, by and attour the paying of the failzie; but superseded the execution, while the day came.
