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Scottish Court of Session Decisions >>
Cheisly v Cuthbert. [1665] Mor 9150 (5 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2209150-017.html Cite as:
[1665] Mor 9150
Contract performable at different periods. - Effect of non-performance, and of over-performance. - If the one party repudiate, is the other free? - Whether irritancy implied by failing to perform at the day. - Effect of improper performance. - Contract for mariners wages. - Contract between master and servant. - Contract of affreightment. - Contract not signed by all parties. - Obligation ad factum præstandum.
Cheisly v. Cuthbert
Date: 5 December 1665 Case No. No 17.
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Cheisly charges Cuthbert for his prentice-fee, who suspends and alleges, That he was set prentice to him as apothecary, and that he deserted that employment and became a druggist, and thereupon the suspender left him.—It was answered, That the breeding him as a druggist was sufficient, and that he now practised as apothecary and chirurgeon.
The Lords found this answer not relevant, the suspender being set to him as apothecary, to make drugs, and not as a druggist that buys drugs, as to the time after he changed; but the charger having farther offered to prove, that he constantly in his chamber makes as well as sells drugs, the Lords found it relevant.
