A. Sanderson & Son v. Armour & Co., Ltd [1920] ScotLR 355 (30 October 1920)

A. Sanderson & Son v. Armour & Co., Ltd [1920] ScotLR 355 (30 October 1920)

The pursuers' averments did not establish a case of total repudiation by the defenders; the breaches alleged were separable and fell within the scope of the arbitration clause. Therefore, all disputes, including claims for damages, must be determined by arbitration as per the contract.

Citation
[1920] ScotLR 355
Parties
Pursuer: A. Sanderson & Son; Defender: Armour & Company, Limited
Jurisdiction
Scotland
Judgment Date
30 October 1920
Procedural Posture
Civil (contract, Commercial) / Appeal From Interlocutor Sisting Action for Arbitration
Outcome
Appeal dismissed; interlocutor sisting action for arbitration affirmed.
Legal Topics
Sale by Instalments, Repudiation, Arbitration Clause, Breach of Contract, CIF Contracts
Contract Law Commercial Law Arbitration Sale by Instalments Repudiation Arbitration Clause Breach of Contract CIF Contracts

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 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A. Sanderson & Son

Pursuer

Armour & Company, Limited

Defender

Procedural Posture

Civil (contract, Commercial) / Appeal From Interlocutor Sisting Action for Arbitration

Legal Issues

  1. 1 Whether the defenders' conduct amounted to repudiation of the contract, thereby rendering the arbitration clause inoperative.
  2. 2 Whether disputes regarding the quality of goods and performance under an instalment contract fall within the arbitration clause.
  3. 3 Whether the pursuers were entitled to rescind the contract and pursue damages in court rather than arbitration.

Ratio Decidendi

The pursuers' averments did not establish a case of total repudiation by the defenders; the breaches alleged were separable and fell within the scope of the arbitration clause. Therefore, all disputes, including claims for damages, must be determined by arbitration as per the contract.

Court Disposition

Appeal dismissed; interlocutor sisting action for arbitration affirmed.

Orders

  • Action sisted pending arbitration in terms of the contract.