Sheriff Court Aberdeen 29 May 1992. At auction in London the defender`s (D) bid for the superiority of Applebank, Old Aberdeen was accepted. D`s cheques for the deposit and buyer`s premium were accepted by the pursuer`s (P) English agents. The special conditions of sale included a clause to the effect that the proper law of the contract was Scots law. D instructed Scottish solicitors who drafted a disposition forwarded to P`s solicitors. Subsequently D`s solicitors wrote to P`s solicitors to the effect that there was no contract in Scots law for the purchase of the heritable property and sought repayment of the sums paid. Held, that a valid contract to transfer Scottish heritage was created in London at the auction in accordance with English law; that, the proper law of contract being by agreement Scots law, the contract to transfer was a binding legal obligation from which D could not resile without penalty; and proof before answer allowed so that P could prove that the contract to