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 £5, 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 >>
Hope v Cleghorn. [1727] Mor 8409 (6 January 1727)
URL: http://www.bailii.org/scot/cases/ScotCS/1727/Mor2008409-021.html Cite as:
[1727] Mor 8409
Click here to view a pdf copy of this documet : PDF Copy
Cleghorn brewer, made a bargain for victual in Cave's name, and his own, with Sir Alexander Hope of Kerse, and these two signed the contract, leaving room for Cave's subscription, who was absent. Cave refusing to accede, and Sir Alexander insisting against Cleghorn for performance, the Lords found that the pursuer was not bound by the contract, which remained an unfinished deed as wanting the subscription of one of the parties contractors, and as thereby he had locus pænitentiæ, the same must be also competent to the defender. See Appendix.
