A minor was sued as heir to his father, for a sum in a bond of caution granted by his father. The court allowed the defender time to show that the debt had already been paid. He then craved compensation for a sum allegedly owed to the estate on the ground that one of the pursuers had stayed for several years in his father’s house. The pursuers objected that this claim was not liquid.
Held: The Lords, ‘considering the favour of this case, being a minor and the heir of a cautioner’, and given that the pursuers’ claim was being delayed in any event to allow the defender to try to prove that the debt had been paid, ‘gave him a term to prove his compensations, seeing quod statim potest liquidari habetur pro jam liquido.’
Citations:
(1697) M 2567
Cited by:
Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Lists of cited by and citing cases may be incomplete.
Scotland, Children
Updated: 06 May 2022; Ref: scu.410712