Sutherland v. Bremner's Trustees [1903] ScotLR 40_324 (27 January 1903)

Sutherland v. Bremner's Trustees [1903] ScotLR 40_324 (27 January 1903)

The parties were agreed as to both the character and subject of the contract; the letter contained only an expression of opinion, not a guarantee or representation of fact; pursuer had means to investigate; no relevant grounds for reduction or repayment established.

Citation
[1903] ScotLR 40_324
Parties
Pursuer: Symon Flett Sutherland; Defenders: Andrew Bremner, Andrew Louttit, William Smitton (as trustees and executors of Mrs Margaret Mackay or Bremner and Mrs Marjory Wares or Mackay, and as individuals)
Jurisdiction
Scotland
Judgment Date
27 January 1903
Procedural Posture
Action for Reduction and Repayment / Inner House Appeal; Final Judgment
Outcome
Action dismissed as irrelevant; interlocutor recalled; second plea for defenders sustained.
Legal Topics
Mutual Error, Misrepresentation, Reduction of Assignation, Essential Error
Contract Law Trusts and Estates Mutual Error Misrepresentation Reduction of Assignation Essential Error

Case Brief

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Parties

Symon Flett Sutherland

Pursuer

Andrew Bremner, Andrew Louttit, William Smitton (as trustees and executors of Mrs Margaret Mackay or Bremner and Mrs Marjory Wares or Mackay, and as individuals)

Defenders

Procedural Posture

Action for Reduction and Repayment / Inner House Appeal; Final Judgment

Legal Issues

  1. 1 Whether mutual essential error or misrepresentation justifies reduction of assignation and repayment of consideration
  2. 2 Whether expression of opinion constitutes actionable misrepresentation

Ratio Decidendi

The parties were agreed as to both the character and subject of the contract; the letter contained only an expression of opinion, not a guarantee or representation of fact; pursuer had means to investigate; no relevant grounds for reduction or repayment established.

Court Disposition

Action dismissed as irrelevant; interlocutor recalled; second plea for defenders sustained.

Orders

  • Action dismissed
  • Interlocutor of Lord Ordinary recalled