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Upon the whole matter I confess I have no hesitation in coming to the result that here there is no relevant claim for recompense, because the facts do not raise it, and that accordingly, contract also having failed, the defender ought to be assoilzied.
The permission for BAILII to publish the text of this judgment was granted by Scottish Council of Law Reporting and the electronic version of the text was provided by Justis Publishing Ltd . Their assistance is gratefully acknowledged.
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