Welsh & Forbes v. Johnstons [1906] ScotLR 43_353 (03 February 1906)

Welsh & Forbes v. Johnstons [1906] ScotLR 43_353 (03 February 1906)

Messrs Welsh & Forbes, not being parties to or defined in the relevant agreements, had no title to sue for commission or remuneration under those agreements. The table of fees does not apply to company promotion work, but any claim for special remuneration must be based on a clear contractual entitlement or proper definition as a tertius, which was absent here.

Citation
[1906] ScotLR 43_353
Parties
Pursuers and Reclaimers: Welsh & Forbes; Defender and Respondent: James Wilson Johnston; Defender and Respondent: George Harvey Johnston; Defender and Respondent: W. & A. K. Johnston (Firm)
Jurisdiction
Scotland
Judgment Date
03 February 1906
Procedural Posture
Civil (agent and Client; Contract; Company) / Inner House, First Division (appeal/reclaiming Motion From Lord Ordinary)
Outcome
Defenders assoilzied (absolved); pursuers' claim dismissed.
Legal Topics
Law Agents' Claims, Company Formation and Promotion, Third Party Rights (jus Quaesitum Tertio), Remuneration of Agents, Applicability of Table of Fees, Title to Sue
Contract Law Company Law Agency Law Law Agents' Claims Company Formation and Promotion Third Party Rights (jus Quaesitum Tertio) Remuneration of Agents Applicability of Table of Fees +1 more

Case Brief

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Parties

Welsh & Forbes

Pursuers and Reclaimers

James Wilson Johnston

Defender and Respondent

George Harvey Johnston

Defender and Respondent

W. & A. K. Johnston (Firm)

Defender and Respondent

Procedural Posture

Civil (agent and Client; Contract; Company) / Inner House, First Division (appeal/reclaiming Motion From Lord Ordinary)

Legal Issues

  1. 1 Whether law agents not named or defined in contract have title to sue for commission under agreements relating to company formation
  2. 2 Whether the table of fees applies to charges for company promotion
  3. 3 Whether special remuneration agreements for law agents in company formation are enforceable against the original firm

Ratio Decidendi

Messrs Welsh & Forbes, not being parties to or defined in the relevant agreements, had no title to sue for commission or remuneration under those agreements. The table of fees does not apply to company promotion work, but any claim for special remuneration must be based on a clear contractual entitlement or proper definition as a tertius, which was absent here.

Court Disposition

Defenders assoilzied (absolved); pursuers' claim dismissed.

Orders

  • Interlocutor pronounced assoilzing (absolving) the defenders.