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United Kingdom House of Lords Decisions |
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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Robert Whitehead . - Murray v. John Rowat . - Brown [1830] UKHL 4_WS_121 (8 April 1830) URL: http://www.bailii.org/uk/cases/UKHL/1830/4_WS_121.html Cite as: [1830] UKHL 4_WS_121 |
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Page: 121↓
(1830) 4 W&S 121
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND, 1830.
2 d Division.
No. 18.
Subject_Process. —
On a recommendation by the House of Lords, a question of disputed accounting for work done settled by amicable adjustment of parties, and the adjustment made the subject of the order and adjudication of the House.
Whitehead employed Rowat, carpenter and builder, to build certain premises for him in the town of Hamilton. On the work being done, Whitehead disputed the amount charged. After a
Page: 122↓
On the appellant's Counsel having proceeded some way in the opening, Lord Wynford suggested, that the case from its nature was one highly fitted for adjustment by the parties, and recommended that they should confer together with the view to an arrangement. A consultation accordingly took place, and this adjusted order was issued.
“It is ordered and adjudged, that the interlocutors complained of be, and the same are hereby reversed; and it is declared, that the respondent is entitled to demand from the appellant the sum of L.1402. 9s. 3d., being the sum concluded for by the respondent in the action instituted by him in the Court of Session in the month of October 1817, with the legal interest thereon from the date from which interest was allowed by the said Court, under the second action brought by the said respondent, under deduction of all payments made to him on account, in consequence of interim decrees or otherwise: And it is further ordered, that with this declaration the cause be remitted back to the Court of Session, to do therein as shall be just.”
Solicitors: Moncreiff, Webster, and Thomson— Richardson and Connell,—Solicitors.
_________________ Footnote _________________
* 5. & 6. Shaw and Dunlop. 19. & 572.
