Dawson Brothers v. James Fisher & Sons [1900] ScotLR 37_878 (02 June 1900)

Dawson Brothers v. James Fisher & Sons [1900] ScotLR 37_878 (02 June 1900)

The second charter-party was a separate and independent contract, not a renewal or continuation of the first, and was not within the contemplation of the parties when the first contract was made; therefore, the pursuers were not entitled to commission under the second charter-party.

Citation
[1900] ScotLR 37_878
Parties
Pursuer: Dawson Brothers; Defender: James Fisher & Sons
Jurisdiction
Scotland
Judgment Date
02 June 1900
Procedural Posture
Civil / Appeal
Outcome
appeal sustained; action dismissed
Legal Topics
Commission Entitlement, Renewal of Charter Party, Brokerage Clause, Agent and Principal Relationship
Agency Contract Shipping Commission Entitlement Renewal of Charter Party Brokerage Clause Agent and Principal Relationship

Case Brief

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Parties

Dawson Brothers

Pursuer

James Fisher & Sons

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the second charter-party was a renewal or independent contract
  2. 2 Whether commission was due to the ship-brokers under the second charter-party

Ratio Decidendi

The second charter-party was a separate and independent contract, not a renewal or continuation of the first, and was not within the contemplation of the parties when the first contract was made; therefore, the pursuers were not entitled to commission under the second charter-party.

Court Disposition

appeal sustained; action dismissed

Orders

  • Recall the interlocutor of the Sheriff-Substitute dated 9th March 1900
  • Find that the second charter-party was not a renewal or result of pursuers' negotiations