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Answered —That any remedy the pursuers may have must be in a different form. Here there is a complete written contract that is only to be got the better of by an action of reduction. This is a much stronger case than that of Clyne v. Swanson, 26th Jan. 1830, where a taxation of an agent's accounts was refused, because the client had applied for and obtained delay upon a promise of payment.
Lord Meadowbank .—I am quite satisfied that the interlocutor should be adhered to. There was an existing process between the parties, and they transacted that process by a concluded agreement. This is sufficient to prevent us from opening it up.
Lord Meadowbank .—If there is any thing like fraud, the pursuers have their remedy by an action of reduction for setting aside the agreement in toto.
Lord Glenlee .—I have nothing to add to what has been said. I am quite satisfied that the interlocutor should be adhered to. The agreement has been given full effect to in the processes to which it referred; and I would hold it to be a dangerous doctrine, that if a process is compromised, including a sum of expenses, that should afterwards go to be taxed by the Auditor.
Lord Ordinary, Jeffrey. Act. More. Alt. Maitland. Macritchie, Bayley & Henderson, W. S. and James Morgan, S. S. C. Agents.
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Common Room
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