Burns v. Colville [1901] ScotLR 38_850 (12 July 1901)

Burns v. Colville [1901] ScotLR 38_850 (12 July 1901)

Burns was employed and used as agent by the defender; his attendance and services in London were within the scope of his employment, and the defender benefited from them, entitling Burns to fair remuneration.

Citation
[1901] ScotLR 38_850
Parties
Pursuer: James Burns; Defender: John Colville
Jurisdiction
Scotland
Judgment Date
12 July 1901
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session
Outcome
appeal allowed; decree granted for pursuer
Legal Topics
Agent Remuneration, Proof of Employment, Professional Services, Promotion of Railway Bill
Agency Law Contract Law Agent Remuneration Proof of Employment Professional Services Promotion of Railway Bill

Case Brief

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Parties

James Burns

Pursuer

John Colville

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Is a solicitor employed as local agent entitled to remuneration for attendance and services in London without express instructions?
  2. 2 Was the attendance in London within the scope of the agent's employment?

Ratio Decidendi

Burns was employed and used as agent by the defender; his attendance and services in London were within the scope of his employment, and the defender benefited from them, entitling Burns to fair remuneration.

Court Disposition

appeal allowed; decree granted for pursuer

Orders

  • Interlocutors of 14th March, 21st and 28th May 1901 recalled
  • Defences repelled