Shaw, Macfarlane, & Co. v. Waddell & Son [1900] ScotLR 37_813 (20 June 1900)

Shaw, Macfarlane, & Co. v. Waddell & Son [1900] ScotLR 37_813 (20 June 1900)

Time was of the essence of the contract in light of the commercial circumstances, and the defenders were justified in cancelling the contract when the vessel was not available within the agreed period for loading.

Citation
[1900] ScotLR 37_813
Parties
Pursuer: Shaw, Macfarlane, & Company; Defender: Waddell & Son
Jurisdiction
Scotland
Judgment Date
20 June 1900
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal dismissed; defenders assoilzied (absolved)
Legal Topics
Breach of Contract, Right to Rescind, Time of Essence, Failure to Deliver
Contract Breach of Contract Right to Rescind Time of Essence Failure to Deliver

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Shaw, Macfarlane, & Company

Pursuer

Waddell & Son

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether time was of the essence of the contract for delivery of coal
  2. 2 Whether defenders were justified in rescinding the contract due to late arrival of the vessel

Ratio Decidendi

Time was of the essence of the contract in light of the commercial circumstances, and the defenders were justified in cancelling the contract when the vessel was not available within the agreed period for loading.

Court Disposition

appeal dismissed; defenders assoilzied (absolved)

Orders

  • Recall interlocutors of Sheriff-Substitute and Sheriff.
  • Find that time for having the vessel at Grangemouth ready to receive coal was of the essence of the contract.