Khosrowpour v MacKay

Contract – Heritable property – Invalid agreement – Personal bar – Homologation. Court of Session: Allowing a reclaiming motion and dismissing an action in which the pursuer sought damages from the estate of his late mother-in-law on the basis that she failed to honour an oral agreement that she would leave her house to him in her will, and the Lord Ordinary held that the alleged contract required to be constituted in writing but allowed a proof before answer on personal bar, the court held that the pursuer had not averred a relevant and sufficiently specific case such as would entitle him to a proof before answer.

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