Wilkie v. Hamilton Lodging-House Co., Ltd [1902] ScotLR 39_743 (02 July 1902)

The contract was for scheduled rates, not a lump sum; the pursuer is entitled to claim the correct sum based on schedule rates despite the calculation error.

Citation: [1902] ScotLR 39_743
Parties: Pursuer/appellant: Alexander Wilkie; Defender/respondent: Hamilton Lodging-House Company, Limited
Jurisdiction: Scotland
Judgment Date: 02 July 1902
Procedural Posture: Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome: appeal allowed; interlocutor of Sheriff-Substitute recalled
Legal Topics: Building Contract, Schedule Rates, Lump Sum Contract, Error Calculi

Contract Law Construction Law Building Contract Schedule Rates Lump Sum Contract Error Calculi

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4

Parties

Alexander Wilkie

Pursuer/appellant

Hamilton Lodging-House Company, Limited

Defender/respondent

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

1 Whether the contract was for a lump sum or for scheduled rates
2 Whether the pursuer is entitled to claim the correct sum despite a calculation error

Ratio Decidendi

The contract was for scheduled rates, not a lump sum; the pursuer is entitled to claim the correct sum based on schedule rates despite the calculation error.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled

Orders

Second plea-in-law for defenders repelled
Case remitted to Sheriff-Substitute to proceed