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Obligation that a third party shall grant warrandice.
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By a minute of contract betwixt the Lord Couper and the Laird of Purie Fotheringame, Purie having a right of wadset, and comprising of certain lands, pertaining to the Lord Balmerinoch; the Lord Couper taking burden upon him, dispones a parcel to Purie, and obliges himself to cause Balmerinoch dispone with him, with warrandice mentioned in the minute. Couper being charged upon the minute, suspends upon this reason, that it is imprestable by him to cause Balmerinoch subscribe, and he is content præstare damnum et interesse. It was answered, That it is not a fact impossible of itself; and he being expressly bound to it, he ought precisely to fulfill it; especially, seeing Balmerinoch being his brother's son, he ought to have considered his own difficulty in it. Likeas, Purie was content to take a right from Couper himself, of the lands, and real warrandice out of his other estate, in case of eviction by Balmerinoch.
The Lords found, that Couper should dispone, taking burden upon him for Balmerinoch, and should be obliged personally to the warrandice mentioned in the minute, as if Balmerinoch had disponed with him; and assigned a time to Couper to deal with Balmerinoch for subscribing the disposition, till which time, the Lords superseded the extracting of their decreet and sentence.
