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Scottish Court of Session Decisions >>
M'Lellan of Calin v Sir Thomas Burnet, Doctor of Medicine. [1694] 4 Brn 202 (25 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040202-0454.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
M'Lellan of Calin v. Sir Thomas Burnet, Doctor of Medicine
Date: 25 July 1694
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Mersington reported the bill of suspension, M'Lellan of Calin against Sir Thomas Burnet, doctor of medicine. His reason of suspension was, That though the bond was for £100 sterling, yet you declared, if I paid at Candlemas 1200 merks, you would accept of it; and I, being disappointed then of money, am content to pay it now.
The Lords found this was not a penalty, but a restriction, and, having failed, he cannot now be admitted to purge it; and was not of the nature of pactum legis commissoriœ in pignoribus; and, therefore, refused the bill, and found him liable in the whole.
