Gregor Homes Ltd v. Emlick [2011] ScotSC 9 (11 January 2011)

Gregor Homes Ltd v. Emlick [2011] ScotSC 9 (11 January 2011)

The court found that Scott Rutherford was the defender's agent with authority to act in relation to practical completion, that practical completion was achieved and properly certified, and that the defender was in breach of his obligations under the missives by failing to pay the purchase price on or after the date of entry.

Citation
[2011] ScotSC 9
Parties
Pursuer: Gregor Homes Limited; Defender: Mark Anthony Emlick
Jurisdiction
Scotland
Judgment Date
11 January 2011
Procedural Posture
Civil (commercial Property Dispute) / Judgment After Proof (trial)
Outcome
Defender found in breach of contract; date of entry determined as 21 November 2008; further procedure assigned to determine remedies and expenses.
Legal Topics
Breach of Contract, Missives (scottish Property Contracts), Agency, Practical Completion, Remedies for Breach, Heritable Property Transactions
Contract Law Property Law Breach of Contract Missives (scottish Property Contracts) Agency Practical Completion Remedies for Breach Heritable Property Transactions

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Parties

Gregor Homes Limited

Pursuer

Mark Anthony Emlick

Defender

Procedural Posture

Civil (commercial Property Dispute) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether practical completion of the property was achieved under the missives
  2. 2 Whether Scott Rutherford had authority to act as agent for the defender in relation to practical completion
  3. 3 Whether the defender was in breach of contract for failing to pay the purchase price on the date of entry

Ratio Decidendi

The court found that Scott Rutherford was the defender's agent with authority to act in relation to practical completion, that practical completion was achieved and properly certified, and that the defender was in breach of his obligations under the missives by failing to pay the purchase price on or after the date of entry.

Court Disposition

Defender found in breach of contract; date of entry determined as 21 November 2008; further procedure assigned to determine remedies and expenses.

Orders

  • Assigns 26 January 2011 at 10:30am for further procedure at Sheriff Court, Edinburgh.
  • Reserves all questions of expenses.