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Scottish Court of Session Decisions >>
James Rocheid v Borthwick. [1679] 3 Brn 278 (31 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030278-0351.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Rocheid v. Borthwick
Date: 31 January 1679
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Mr James Rocheid, clerk of Edinburgh, against Borthwick his tenant in Inverleith. Mr James offered to prove, that, albeit the acres set in his tack were only designed forty-eight acres, yet that they were truly sixty acres, if right measured, and he ought to pay for them accordingly.
This being reported, the Lords refused a new measuring, and decerned him only to pay for them as they stood in his tack, it being taxative and not demonstrative, and they being commonly holden and reputed so many. Vide infra, 9th November 1682, [Historical Volume,] between thir parties. The Lords had done the same before, 16th July 1678, Robertson: See Durie, 1st February 1634, Murray; and Struv. Syntagm. Jur. tom, 1, tit. de Contr. Empt. p. 821.
