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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drummond v Creditors of Daes. [1729] Mor 9168 (26 July 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2209168-029.html
Cite as: [1729] Mor 9168

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[1729] Mor 9168      
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. II.

Contract performable at different periods. - Effect of non-performance, and of over-performance. - If the one party repudiate, is the other free? - Whether irritancy implied by failing to perform at the day. - Effect of improper performance. - Contract for mariners wages. - Contract between master and servant. - Contract of affreightment. - Contract not signed by all parties. - Obligation ad factum pręstandum.

Drummond
 v.
Creditors of Daes

Date: 26 July 1729
Case No. No 29.

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Failure of performance in a mutual contract, implies no irritancy, nor is any ground for voiding the contract, but only for damage; and therefore the mora is still purgeable.—See Appendix.

 Fol. Dic. v. 1. p. 595.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2209168-029.html