Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. II.

Contract performable at different periods. - Effect of non-performance, and of over-performance. - If the one party repudiate, is the other free? - Whether irritancy implied by failing to perform at the day. - Effect of improper performance. - Contract for mariners wages. - Contract between master and servant. - Contract of affreightment. - Contract not signed by all parties. - Obligation ad factum præstandum.

Relict of George Morison
v.
His Heirs

Date: 12 February 1663
Case No. No 14.

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This relict pursues for implement of her contract.—It was alleged she had accepted a wadset, in full satisfaction thereof, which now being redeemed, she could crave no more, but re-employing the money to her in liferent.

The Lords found, That this acceptance by the wife, being donatio inter virum et uxorem, she might now revoke it, and therefore found the heir liable to make up what was in the contract.

Stair, v. 1. p. 177.