International Fibre Syndicate Ltd v. Dawson [1900] ScotLR 37_451 (20 February 1900)
The contract between Dear and Dawson was not assignable due to the element of delectus personae, and the pursuers, as assignees, had no title to sue. Even if the contract had been assigned, Dawson was entitled to object to being made a contractor with a party he did not choose.
- Citation
- [1900] ScotLR 37_451
- Parties
- Pursuer: International Fibre Syndicate Limited; Defender: Peter Dawson
- Jurisdiction
- Scotland
- Judgment Date
- 20 February 1900
- Procedural Posture
- Civil / Appeal (reclaiming Motion) From Outer House to Inner House
- Outcome
- plea of no title to sue sustained; action dismissed
- Legal Topics
- Assignability of Contracts, Delectus Personae, Title to Sue, Assignment of Contractual Rights
Case Brief
Summary, issues, holding and outcome
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Parties
International Fibre Syndicate Limited
Pursuer
Peter Dawson
Defender
Procedural Posture
Civil / Appeal (reclaiming Motion) From Outer House to Inner House
Legal Issues
- 1 Whether the contract between Dear and Dawson was assigned to the pursuers
- 2 Whether the contract was assignable so as to entitle the assignee to sue for payment under it
Ratio Decidendi
The contract between Dear and Dawson was not assignable due to the element of delectus personae, and the pursuers, as assignees, had no title to sue. Even if the contract had been assigned, Dawson was entitled to object to being made a contractor with a party he did not choose.
Court Disposition
plea of no title to sue sustained; action dismissed
Orders
- Sustains plea of no title to sue
- Dismisses the action
Full Case Text
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