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Scottish Court of Session Decisions >>
Beatrix Tunno and Brotherstons v Andrew Tunno. [1681] Mor 9438 (00 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2309438-021.html Cite as:
[1681] Mor 9438
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One having received a letter abroad from his friend, that there was a treaty of marriage with his sister on foot, and the man desired 400 merks of portion; he wrote back to that friend, that he was willing to give 200 merks to forward the design; who giving the letter to the suitor, the parties were afterwards married, and they pursued the brother upon it for payment of the 200 merks. It was alleged for the defender, That the letter was no positive obligement, but the declaration of a bare resolution, and though it were thought to import a promise, the offer was not accepted.
The Lords decerned the defender to pay the 200 merks.
Fol. Dic. v. 2. p. 16. Harcarse, (Contracts of Marriage.) No 339. p. 82.
