Fletcher v. Robertson [1919] ScotLR 305 (13 March 1919)

Fletcher v. Robertson [1919] ScotLR 305 (13 March 1919)

The pursuer, having accepted and dealt with the sheep stock as his own with full knowledge of its nature, is personally barred from challenging its bona fide character; however, the pursuer is entitled to proof on whether the oversman failed to adhere to the prescribed market price basis and improperly included acclimatisation value in the valuation.

Citation
[1919] ScotLR 305
Parties
Pursuer: James Douglas Fletcher of Pitmain, Inverness-shire; Defender: Donald Robertson, farmer, Kerrow, Kingussie; Defender: Robert Macdiarmid, farmer, Corries, Loch Awe
Jurisdiction
Scotland
Judgment Date
13 March 1919
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled in part; fifth plea-in-law for pursuer repelled; proof allowed limited to averments regarding the oversman's valuation method; remit to Lord Ordinary for further proceedings.
Legal Topics
Lease Termination, Waygoing Valuation, Arbitration Award Reduction, Personal Bar, Valuation Methodology
Arbitration Land Law Contract Law Lease Termination Waygoing Valuation Arbitration Award Reduction Personal Bar Valuation Methodology

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

James Douglas Fletcher of Pitmain, Inverness-shire

Pursuer

Donald Robertson, farmer, Kerrow, Kingussie

Defender

Robert Macdiarmid, farmer, Corries, Loch Awe

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the pursuer is barred from challenging the sheep stock as not bona fide stock of the farm after accepting and dealing with it
  2. 2 Whether the oversman acted ultra fines compromissi by including acclimatisation value and not adhering to market price as the valuation basis

Ratio Decidendi

The pursuer, having accepted and dealt with the sheep stock as his own with full knowledge of its nature, is personally barred from challenging its bona fide character; however, the pursuer is entitled to proof on whether the oversman failed to adhere to the prescribed market price basis and improperly included acclimatisation value in the valuation.

Court Disposition

Interlocutor of Lord Ordinary recalled in part; fifth plea-in-law for pursuer repelled; proof allowed limited to averments regarding the oversman's valuation method; remit to Lord Ordinary for further proceedings.

Orders

  • Recall the interlocutor reclaimed against
  • Repel the fifth plea-in-law for the pursuer