You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Lord Whittinghame v Spence. [1628] Mor 14989 (29 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3414989-006.html Cite as:
[1628] Mor 14989
A party in whose favour a clause in a contract is conceived tho' he be not a contractor, may use summary diligence against the obligant.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension at the instance of the Lord Whittinghame against Spence, the Lords found, That a party in whose favours some clause of a contract is conceived, albeit he be not contractor in that contract, may raise summary charges upon that clause, against the party obliged to fulfil the same to him, and that he needs not seek implement thereof by an action, or by seeking registration of the contract at his instance, but that charges may be raised thereupon summarily; which the Lords sustained, the contract being registrated before, betwixt the principal parties contractors.
Act. Douglas.Alt. Belshes.
Fol. Dic. v. 2. p. 403. Durie.
