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The Court refused the suspensions, holding that the averments of the complainer as to the negotiations prior to the completed contract were irrelevant, inasmuch as they could not override the written contract, and could not be looked to to construe it on this point as the parties had by taking the bills in their terms already construed it.
Francis Sanders M'Allister, pawnbroker. Glasgow, presented two notes of suspension of charges at the instance of Joanna M'Gallagley, Brown Street, Bridgeton, Glasgow. The charges were dated 6th December 1909 and 8th February 1910, and were respectively for the sums of £100 and £1000, with interest thereon, contained in promissory-notes both dated 28th January 1905 granted by the complainer to the respondent and payable on demand.
On 20th January 1905 the respondent replied—“Your offer has been accepted for pawnbroking office at 4 Northburn Street, Cowcaddens.”
The complainer pleaded, inter alia —“(1) The respondent having agreed to allow the sum contained in the said promissory-note to remain with the complainer at interest as condescended on, is not entitled to do diligence thereon, and the complainer is entitled to suspension of the charge complained of.”
The respondent pleaded, inter alia — “(2) The complainer's statements are irrelevant and insufficient to support his pleas.”
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