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Scottish Court of Session Decisions >>
Helen Inglis v George Jolly. [1693] 4 Brn 58 (27 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040058-0140.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Helen Inglis v. George Jolly
Date: 27 January 1693
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Helen Inglis, relict of Cruicks, a wright, against Mr. George Jolly in Prestonpans. The Lords admitted his defence, (seeing the decreet was turned into a libel,) that he paid out for 400 dales to Normand Blackadder in Cockenny, towards the building of the house, which the wright was bound to have furnished; and found he might have a term to prove it, seeing it was not a compensation, but super eodem subjecto whereon the contract betwixt them was made. And as to his allegeance of L.200 Scots of damage, through his not perfecting the bargain in due time, the Lords granted a probation, that there was au additional work beyond the first agreement, and that they were impeded by the Castle of Edinburgh's holding out in 1689,—this tenement lying in the Castle-hill.
