A. E. Abrahams Ltd and Another v. Campbell [1910] ScotLR 191 (30 November 1910)

A. E. Abrahams Ltd and Another v. Campbell [1910] ScotLR 191 (30 November 1910)

The action was not a 'summary cause' because the real question at issue was the interpretation of a contract involving a continuing liability exceeding £50; therefore, the appeal was competent under section 28 of the Sheriff Courts (Scotland) Act 1907.

Citation
[1910] ScotLR 191
Parties
Pursuer/appellant: A. E. Abrahams Limited and A. E. Abrahams (individual); Defender/respondent: William Campbell junior
Jurisdiction
Scotland
Judgment Date
30 November 1910
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session (inner House, First Division)
Outcome
Objection to competency of appeal repelled; appeal held competent.
Legal Topics
Competency of Appeal, Summary Cause Definition, Contract Interpretation, Sheriff Courts (scotland) Act 1907
Civil Procedure Contract Law Competency of Appeal Summary Cause Definition Contract Interpretation Sheriff Courts (scotland) Act 1907

Case Brief

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Parties

A. E. Abrahams Limited and A. E. Abrahams (individual)

Pursuer/appellant

William Campbell junior

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session (inner House, First Division)

Legal Issues

  1. 1 Whether the action was a 'summary cause' under the Sheriff Courts (Scotland) Act 1907, thus limiting appeal rights
  2. 2 Whether the value and nature of the contract made the appeal competent despite the sum sued for being under £50

Ratio Decidendi

The action was not a 'summary cause' because the real question at issue was the interpretation of a contract involving a continuing liability exceeding £50; therefore, the appeal was competent under section 28 of the Sheriff Courts (Scotland) Act 1907.

Court Disposition

Objection to competency of appeal repelled; appeal held competent.

Orders

  • Objection to competency of appeal repelled