M'Intosh v. Ainslie

Further, held that the mis-statement by the tradesman, in stating that he had received £60 from the factor in cash, whereas he only received £20 in cash, being an innocent mistake, and not made for any fraudulent purpose, did not operate as a bar against his recovering the £40 in question, the proprietor having failed to prove that he had suffered any loss in consequence of the mistake.

One month after date, I promise to pay to the order of Messrs M'Intosh, contractors, Redcastle, within the Caledonian Bank in Dingwall, Forty pounds stg., for value received in account of Mr Ainslie of Muirton. D.

On the 6th July Messrs M'Intosh wrote to Mr Ainslie in the following terms:—

Sir,—Having completed the works at Muirton last week, we will feel much obliged by your remitting to us at your convenience balance of contract (viz., £55, 10s. 6d).

“ We are, &c., Andw. M'Inthose & Son.” Mr Ainslie replied that M'Lennan would pay them the balance of their account, and wrote to M'Lennan directing him to pay them. M'Lennan again assured them that he had not funds of Mr Ainslie's, although it has since appeared that he had amply sufficient. He gave them 10s. 6d. in cash, and on the 16th July a promissory-note for £55, “for value received in balance of account for carpenter work executed at Muirton Mains, square of offices and dwelling-house.”