P. & W. Maclellan v. Peattie's Trustees [1903] ScotLR 40_743 (01 July 1903)
A written contract stipulating a definite time for delivery cannot be qualified or extended by evidence of a trade custom; parties are bound by the express terms, and any desired exceptions must be incorporated into the contract itself.
- Citation
- [1903] ScotLR 40_743
- Parties
- Pursuer: P. & W. MacLellan, Limited; Defender: Peattie's Trustees
- Jurisdiction
- Scotland
- Judgment Date
- 01 July 1903
- Procedural Posture
- Civil / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor Excluding Proof of Custom of Trade
- Outcome
- appeal dismissed; interlocutor adhered to
- Legal Topics
- Custom of Trade, Parole Evidence, Time for Delivery, Written Contract Interpretation, Proof and Relevancy
Case Brief
Summary, issues, holding and outcome
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Parties
P. & W. MacLellan, Limited
Pursuer
Peattie's Trustees
Defender
Procedural Posture
Civil / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor Excluding Proof of Custom of Trade
Legal Issues
- 1 Whether parole evidence of a trade custom can qualify or extend a written contract's time limit for delivery
- 2 Whether the averment of custom of trade was relevant and should be admitted to proof
Ratio Decidendi
A written contract stipulating a definite time for delivery cannot be qualified or extended by evidence of a trade custom; parties are bound by the express terms, and any desired exceptions must be incorporated into the contract itself.
Court Disposition
appeal dismissed; interlocutor adhered to
Orders
- Averments of custom of trade excluded from proof
- Proof allowed on remaining averments
Full Case Text
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