Rodger v. Herbertson [1908] ScotLR 208 (02 December 1908)

Rodger v. Herbertson [1908] ScotLR 208 (02 December 1908)

The contract was held to be personal and intransmissible because the obligations, particularly the introduction to patients and debt collection, were based on personal confidence and could not be assigned. The restrictive covenant did not pass with the goodwill to successive purchasers.

Citation
[1908] ScotLR 208
Parties
Pursuer (appellant): Thomas Ritchie Rodger; Defender (respondent): Richard Gilbertson Herbertson
Jurisdiction
Scotland
Judgment Date
02 December 1908
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal dismissed; interlocutor of the Sheriff affirmed
Legal Topics
Assignability of Contracts, Restraint of Trade, Goodwill in Professional Practice, Personal Contracts, Delectus Personae
Contract Law Commercial Law Assignability of Contracts Restraint of Trade Goodwill in Professional Practice Personal Contracts Delectus Personae

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Parties

Thomas Ritchie Rodger

Pursuer (appellant)

Richard Gilbertson Herbertson

Defender (respondent)

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the restrictive covenant in the sale of a medical practice is assignable or purely personal and intransmissible.
  2. 2 Whether the contract between the original parties was personal in nature due to obligations such as introduction to patients and debt collection.

Ratio Decidendi

The contract was held to be personal and intransmissible because the obligations, particularly the introduction to patients and debt collection, were based on personal confidence and could not be assigned. The restrictive covenant did not pass with the goodwill to successive purchasers.

Court Disposition

appeal dismissed; interlocutor of the Sheriff affirmed

Orders

  • Defender assoilzied (absolved) from the conclusions of the summons.
  • Pursuer's appeal dismissed.