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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macmillan v Sloan. [1751] 1 Elchies 431 (5 February 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies010431-001a.html Cite as: [1751] 1 Elchies 431 |
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[1751] 1 Elchies 431
Subject_1 SOLIDUM ET PRO RATA.
Macmillan
v.
Sloan
1751 ,Feb .5 .
Case No.No. 1a.
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Sloan sold one M'Guffock a parcel of sheep, on a letter from M'Millan, which concludes with these words, “delay taking security till I come home, and I shall be bound conjunctly with him for your sheep.” The sheep were delivered, and M'Guffock gave receipt for them for the use of M'Millan and himself. M'Millan contended he was liable only for the half, because not bound conjunctly and severally; but we unanimously found him liable in solidum, which is the common acceptation among the commons of the word “conjunctly;” and we thought that by the nature of the transaction, the purchase of a parcel of sheep pro indiviso, they were liable each in solidum.
The electronic version of the text was provided by the Scottish Council of Law Reporting
