Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. VIII.

Privileged Writs.

Lesly
v.
Millers in Rosemarkie

Date: 27 January 1714
Case No. No. 226.

A receipt, subjoined to an account, probative, though wanting writer's name and witnesses.

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In a process at the instance of John Lesly as executor confirmed to Abraham Lesly of Findrassie, against John and Hugh Millers, for payment of 152 bolls 2 firlots of bear sold by the said Abraham Lesly to the defenders, conform to a receipt subjoined to a particular account, bearing the tenants names from whom the victual was received, the Lords sustained the receipt as probative, though wanting writer's name and witnesses, being in re mercatoria; and found the defenders liable for the ordinary prices bear gave in that place of the country, when the bargain was made; albeit it was alleged by the defenders, that the price should be regulated by the fiars as the only standard when a certain price is not pactioned; because, though the fiars might be the rule betwixt master and tenant, when their farms are not demanded in due time, yet merchants are presumed to contract according to the current prices of the country where the bargain is made.

Forbes MS.