John Davidson (Pipes) Ltd v First Engineering Ltd [2000] ScotCS 282 (10 November 2000)

John Davidson (Pipes) Ltd v First Engineering Ltd [2000] ScotCS 282 (10 November 2000)

The pursuers failed to aver relevantly that Mr Watson had actual or ostensible authority to bind the defenders to guarantee FES's debts, nor did Mr Kerr's statements in February 1999 constitute a binding guarantee for supplies after May 1999. The pleadings did not support a case of guarantee against the defenders.

Citation
[2000] ScotCS 282
Parties
Pursuer: John Davidson (Pipes) Limited; Defender: First Engineering Limited
Jurisdiction
Scotland
Judgment Date
10 November 2000
Procedural Posture
Commercial Action (guarantee Claim) / Debate on Relevancy (plea in Law)
Outcome
Action dismissed
Legal Topics
Guarantee, Authority of Agents, Actual Authority, Ostensible Authority, Corporate Liability
Contract Law Commercial Law Guarantee Authority of Agents Actual Authority Ostensible Authority Corporate Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Davidson (Pipes) Limited

Pursuer

First Engineering Limited

Defender

Procedural Posture

Commercial Action (guarantee Claim) / Debate on Relevancy (plea in Law)

Legal Issues

  1. 1 Whether Mr Watson had actual or ostensible authority to bind the defenders to a guarantee of FES's debts to the pursuers
  2. 2 Whether the defenders are liable as guarantors for the debts incurred by FES to the pursuers after May 1999

Ratio Decidendi

The pursuers failed to aver relevantly that Mr Watson had actual or ostensible authority to bind the defenders to guarantee FES's debts, nor did Mr Kerr's statements in February 1999 constitute a binding guarantee for supplies after May 1999. The pleadings did not support a case of guarantee against the defenders.

Court Disposition

Action dismissed

Orders

  • Defenders' first plea-in-law sustained
  • Action dismissed