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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain John Gairdner of Northtary, v Brown of Cairnton and Colvil of Burnton. [1741] Mor 627 (10 July 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor0200627-010.html
Cite as: [1741] Mor 627

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[1741] Mor 627      

Subject_1 ARBITRATION.
Subject_2 Power of Arbiters.

Captain John Gairdner of Northtary,
v.
Brown of Cairnton and Colvil of Burnton

Date: 10 July 1741
Case No. No 10.

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Where an arbiter had decerned for a penalty besides performance, without warrant in the submission, the decreet-arbitral was found only so far null.

Fol. Dic. v. 3. p. 35. Kilkerran, (Arbitration.) No 4. p. 34.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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