[Redgauntlet by Sir Walter Scott]@TWC D-Link bookRedgauntlet INTRODUCTION 184/188
Omitting much formal phraseology, and many legal details, I will endeavour to give you, in exchange for your fiddler's tale, the history of a litigant, or rather, the history of his lawsuit. 'Peter Peebles and Paul Plainstanes,' said my father, entered into partnership, in the year--, as mercers and linendrapers, in the Luckenbooths, and carried on a great line of business to mutual advantage.
But the learned counsel needeth not to be told, SOCIETAS EST MATER DISCORDIARUM, partnership oft makes pleaship.
The company being dissolved by mutual consent, in the year--, the affairs had to be wound up, and after certain attempts to settle the matter extra-judicially, it was at last brought into the court, and has branched out into several distinct processes, most of whilk have been conjoined by the Ordinary. It is to the state of these processes that counsel's attention is particularly directed.
There is the original action of Peebles v. Plainstanes, convening him for payment of 3000l., less or more, as alleged balance due by Plainstanes.
Secondly, there is a counter action, in which Plainstanes is pursuer and Peebles defender, for 2500l., less or more, being balance alleged per contra, to be due by Peebles. Thirdly, Mr.Peeble's seventh agent advised an action of Compt and Reckoning at his instance, wherein what balance should prove due on either side might be fairly struck and ascertained.
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