FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS [2011] ScotSC 143 (02 September 2011)

FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS [2011] ScotSC 143 (02 September 2011)

The sheriff was entitled to prefer the respondents' evidence that the £21,000 related to moveable items, to accept the evidence of payment of £3,275, and to set off the value of removed items against sums due. The sheriff's findings were based on evidence and were not plainly wrong. No error of law or breach of fair hearing was established.

Citation
[2011] ScotSC 143
Parties
Pursuer & Appellant: Frances Douglas Thompson; Defenders & Respondents: David and Stephanie-Anne Harris
Jurisdiction
Scotland
Judgment Date
02 September 2011
Procedural Posture
Civil Appeal / Appeal From Sheriff's Interlocutor After Proof
Outcome
Appeal refused; sheriff's interlocutor adhered to
Legal Topics
Oral Contracts, Sale of Property, Fixtures and Fittings, Proof and Evidence, Appeal Procedure, Expenses, Fair Hearing
Contract Law Civil Procedure Oral Contracts Sale of Property Fixtures and Fittings Proof and Evidence Appeal Procedure Expenses +1 more

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Parties

Frances Douglas Thompson

Pursuer & Appellant

David and Stephanie-Anne Harris

Defenders & Respondents

Procedural Posture

Civil Appeal / Appeal From Sheriff's Interlocutor After Proof

Legal Issues

  1. 1 Whether the oral contract related to the property price or to moveable items
  2. 2 Whether the sheriff erred in accepting evidence of payment of £3,275
  3. 3 Whether the sheriff erred in setting off the value of removed items against sums due

Ratio Decidendi

The sheriff was entitled to prefer the respondents' evidence that the £21,000 related to moveable items, to accept the evidence of payment of £3,275, and to set off the value of removed items against sums due. The sheriff's findings were based on evidence and were not plainly wrong. No error of law or breach of fair hearing was established.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to

Orders

  • Appellant found liable to respondents in expenses of the appeal
  • Account of expenses to be given and remitted to Auditor of Court to tax and report