Cole (Spencers' Trustee) v. Handasyde & Co. [1909] ScotLR 59 (24 November 1909)

Cole (Spencers' Trustee) v. Handasyde & Co. [1909] ScotLR 59 (24 November 1909)

The contract for the sale of black grease did not involve delectus personae, as it stipulated objective standards for quality and analysis, and did not require reliance on the personal skill or judgment of the seller. Therefore, the contract was assignable and the trustee had title to sue.

Citation
[1909] ScotLR 59
Parties
Pursuer: Stewart Cole (Spencers' Trustee); Defender: Handasyde & Company
Jurisdiction
Scotland
Judgment Date
24 November 1909
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Judgment
Outcome
Lord Ordinary's judgment recalled; defenders' plea of no title to sue repelled.
Legal Topics
Assignability of Contracts, Delectus Personae, Title to Sue, Sale of Goods
Contract Law Assignability of Contracts Delectus Personae Title to Sue Sale of Goods

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Parties

Stewart Cole (Spencers' Trustee)

Pursuer

Handasyde & Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Judgment

Legal Issues

  1. 1 Is the contract for the sale of black grease assignable or does it involve delectus personae?
  2. 2 Does the trustee have title to sue for damages under the unfulfilled contract?

Ratio Decidendi

The contract for the sale of black grease did not involve delectus personae, as it stipulated objective standards for quality and analysis, and did not require reliance on the personal skill or judgment of the seller. Therefore, the contract was assignable and the trustee had title to sue.

Court Disposition

Lord Ordinary's judgment recalled; defenders' plea of no title to sue repelled.

Orders

  • The interlocutor of the Lord Ordinary is recalled so far as it sustains the plea of no title to sue.
  • Defenders' plea of no title to sue is repelled.