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Scottish Court of Session Decisions >>
Burns v Creditors of M'Lellan. [1735] Mor 13402 (4 December 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor3113402-006.html
If one can be made liable whose benefit was not intended.
Burns v. Creditors of M'Lellan
Date: 4 December 1735 Case No. No 6.
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No law subjects a men to recompense or remuneration who reaps an occasional or consequential benefit from the deed of another, done with no view to his interest; and therefore in a competition of creditors upon a tenement built by the common debtor some short time before his bankruptcy, the tradesmen and furnisher of materials were found to have no preference; because they followed the faith of the common debtor allenarly. See Appendix.
