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Scottish Court of Session Decisions >>
Elliot v Scott of Gorrenberry. [1693] 4 Brn 95 (25 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040095-0219.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Elliot v. Scott of Gorrenberry
Date: 25 November 1693
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The Lords advised the probation led by Elliot against Scott of Gorrenberry, for his damages through Gorrenberry's not entering him to a room he had let him, whereby he lost many of his sheep and other cattle. The witnesses deponed he was a loser, and qualified both his lucrum cessans and his damnum emergens; but could not be special what it amounted to.
The Lords, considering that, on such an indefinite probation, they behoved either to assoilyie, or supply it; and finding his damage evidently proved, they ordained him to give his oath in supplement what he truly lost by the want of that room; reserving to themselves to tax and modify, at the advising, if they saw cause.
