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The defenders reclaimed , and argued the general point; but the Court did not decide it, although they agreed with the Lord Ordinary, that, in the special circumstances of the case, the account was continuous, and that the plea of prescription ought to be repelled.
Lord President .—I am of the same opinion. The new account was only due for two or three months when the letter read by Lord Gillies was written, and I think it is clear that it could not refer to it, as there was only a balance due thereon of some L.8 : 1 : 7; and, on the whole, I think there was here a continuation of accounts.
Lord Fullerton .—I am of the same opinion. I think the general question here raised attended with very considerable difficulty; but I am satisfied that, in the present case, there was a continuation of accounts.
Lord President .—We need not go into the general question. I think we should give expenses since the date of the Lord Ordinary's interlocutor, for the defenders have been fighting a nice point of law when the fact was against them.
The Court adhered , finding the defenders liable in expenses since the date of the interlocutor of the Lord Ordinary, who had reserved all questions of expenses.
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Common Room
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