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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Allan v Mr John Colzier. [1664] Mor 9428 (25 June 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor2309428-004.html
Cite as: [1664] Mor 9428

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[1664] Mor 9428      

Subject_1 OBLIGATION.
Subject_2 SECT. II.

In what cases an offer must be accepted.

Alexander Allan
v.
Mr John Colzier

Date: 25 June 1664
Case No. No 4.

Click here to view a pdf copy of this documet : PDF Copy

Alexander Allan pursues Mr John Colzier to pay a sum of L. 92 pounds, addebted for the defender's mother, and that upon the defender's missive letter, by which he obliged him to pay the same.

The defender answered, Absolvitor; because, by the missive produced, he offered him to become the pursuer's debtor for the sum due by his mother, being about L. 92; but, by a postscript, requires the pursuer to intimate to him, or his friends at Falkland, whether he accepted or not, which he did not then till after the defender's mother's death, and so it being a conditional offer, not accepted, is not binding.

Which the Lords found relevant and assoilzied.

Fol. Dic. v. 2. p. 15. Stair, v. 1. p. 206.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor2309428-004.html