Scottish Court of Session Decisions

Subject_1 QUALIFIED OATH.
Subject_2 SECT. II.

Where resting owing is referred, are payment, or satisfaction, or payment to a third party, at the pursuer's desire, intrinsic?

Forbes
v.
Debtors of Craigy

Date: 5 June 1711
Case No. No 20.

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This quality, that at receiving the goods, the pursuer agreed to accept of other goods in payment and satisfaction pro tanto, and that the deponent had accordingly furnished other goods to the pursuer, was found intrinsic, as being pars contractus.

Fol. Dic. v. 2. p. 297. Fountainhall.

*** This case is No 311. p. 12464. voce Proof.