Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.
Subject_2 DIVISION I.

Of the Object, Nature, and Requisites of Bills.
Subject_3 SECT. II.

Nature of a Bill.

Wilson
v.
Smith

Date: 6 December 1722
Case No. No 6.

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A bill was drawn in the following form:

“Sir, against the first of January, pay to me, or order, at the Clerk's Chamber in Musselburgh, the sum of L. 100, and that as the price of my growing crop of corn and grass in the town of Musselburgh, which are instantly sold you at the foresaid price, by your humble servant, &c.”

The Lords found this an effectual bill, although it was pleaded, That it could not be considered as a proper bill, not being a simple acceptance of a draught for a sum of money, but really and truly a contract of sale.

Fol. Dic. v. 1. p. 95.