Van Laun & Co. v. Neilson, Reid, & Co. and Others [1904] ScotLR 41_569 (17 May 1904)

Van Laun & Co. v. Neilson, Reid, & Co. and Others [1904] ScotLR 41_569 (17 May 1904)

There was no relevant averment of a binding agreement or contract of employment, express or implied, between the pursuer and defenders. The only liability undertaken was conditional upon execution of a formal contract, which never occurred. Therefore, no liability for commission or quantum meruit arises.

Citation
[1904] ScotLR 41_569
Parties
Pursuer: H. T. Van Laun & Company; Defender: Neilson, Reid, & Company; Defender: Dubs & Company; Defender: Sharpe, Stewart, & Company, Limited
Jurisdiction
Scotland
Judgment Date
17 May 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor Dismissing Action
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Agency, Commission, Quantum Meruit, Amalgamation of Businesses
Contract Law Commercial Law Agency Commission Quantum Meruit Amalgamation of Businesses

Case Brief

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Parties

H. T. Van Laun & Company

Pursuer

Neilson, Reid, & Company

Defender

Dubs & Company

Defender

Sharpe, Stewart, & Company, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor Dismissing Action

Legal Issues

  1. 1 Whether the pursuer is entitled to commission for services in connection with amalgamation of defender firms
  2. 2 Whether the pursuer is entitled to remuneration on a quantum meruit basis

Ratio Decidendi

There was no relevant averment of a binding agreement or contract of employment, express or implied, between the pursuer and defenders. The only liability undertaken was conditional upon execution of a formal contract, which never occurred. Therefore, no liability for commission or quantum meruit arises.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Action dismissed
  • No liability for commission or quantum meruit