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Scottish Court of Session Decisions >>
David Lindsay v Thomas Crighton. [1679] 3 Brn 310 (19 November 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030310-0392.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
David Lindsay v. Thomas Crighton
Date: 19 November 1679
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In the action, David Lindsay, bailie of Edinburgh, against Thomas Crighton; the Lords found Thomas's engagement to pay £ 54 for his brother Patrick, to save his shop from being poinded when he was lying on death-bed, was not a bargain, (as was alleged,) but truly of the nature of a promise; and so was probable scripto et juramento, and not by witnesses, as was desired. See 3d July 1668, Donaldson; 19 th January 1672, Deuchar; December 1672, Young.
