Hawick Heritable Investment Bank, Ltd v. Huggan [1902] ScotLR 40_33 (31 October 1902)

Hawick Heritable Investment Bank, Ltd v. Huggan [1902] ScotLR 40_33 (31 October 1902)

The action was irrelevant because the endorsement of the licence certificate was unnecessary and ineffectual for obtaining a transfer; no damage was suffered by the pursuers as a result of the defender's refusal to endorse, as the licence was personal and not transferable by such means.

Citation
[1902] ScotLR 40_33
Parties
Pursuer: Hawick Heritable Investment Bank, Limited; Defender: Andrew Swan Huggan
Jurisdiction
Scotland
Judgment Date
31 October 1902
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed; defender assoilzied (absolved)
Legal Topics
Breach of Contract, Licence Transfer, Damages, Proof of Contract, Personal Nature of Licences
Contract Law Licensing Law Breach of Contract Licence Transfer Damages Proof of Contract Personal Nature of Licences

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Parties

Hawick Heritable Investment Bank, Limited

Pursuer

Andrew Swan Huggan

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether failure to endorse a licence certificate constitutes a breach of contract giving rise to damages
  2. 2 Whether such an obligation is enforceable and provable by parole evidence
  3. 3 Whether any damage was suffered by the pursuers due to the defender's refusal to endorse

Ratio Decidendi

The action was irrelevant because the endorsement of the licence certificate was unnecessary and ineffectual for obtaining a transfer; no damage was suffered by the pursuers as a result of the defender's refusal to endorse, as the licence was personal and not transferable by such means.

Court Disposition

action dismissed; defender assoilzied (absolved)

Orders

  • Interlocutor of Lord Ordinary recalled
  • Defender assoilzied from conclusions of the action