Annual Rent, Costs and Expences – two tradesmen having contracted to clothe a regiment, and to divide equally under a Denalty the sums to be received by virtue of an assignment of off-reckonings delivered to each of them : one of them afterwards receives a new assignment of off-reckonings, and a sum of money from the Treasury, and refusing to pay a balance due to the other, the Court ordained the person receiving the money, which, they found, fell under the first assignment, and their mutual contrail, to pay the balance due to the other, which however was restricted to a smaller sum than was claimed : but the Court having refused him damage and interest; upon appeal the judgment is reversed, and the respondent is ordered to pay to the appellant the principal sum found due to him, with the interest thereof, from the time the respondent received the remainder of the money; and the Court is ordered to cause the costs and expences of the appellant in the action to be taxed and ascertained and forthwith paid to him by the respondent.
No Specific sum being here awarded, proceedings afterwards upon the complaint of the appellant, relative to the taxing of his expences by the Court of Session, and resolutions and orders of committees and of the House there on a sum allowed to the complainant for his subsequent expences, in taxing costs.
[1715] UKHL Robertson – 147, (1715) Robertson 147
Bailii
Scotland, Contract
Updated: 04 January 2022; Ref: scu.553490