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Scottish Court of Session Decisions >>
Ross v Magistrates of Tayne. [1711] Mor 2568 (13 February 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor0602568-027.html Cite as:
[1711] Mor 2568
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. III.
Quod statim liquidari potest pro jam liquido habetur.
Ross v. Magistrates of Tayne
Date: 13 February 1711 Case No. No 27.
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The act 143d, Parl. 1592, introducing compensation, gives it place only de liquido de liquidum, and therefore regularly, compensation cannot have place in debts not yet liquid, however soon liquidable by oath or otherwise. But, in later practice, the Lords have got over this rigorous interpretation, adopting the maxim, Quod statim liquidari potest pro jam liquido habetur; thus, in this case, of which see the particulars, No 7. p. 2499.; a claim was received by way of compensation, though illiquid, offered instantly to be liquidated by oath.
