Struthers v. Smith [1913] ScotLR 919 (16 July 1913)

Struthers v. Smith [1913] ScotLR 919 (16 July 1913)

The Court held that fitted accounts and periodic discharges create a strong presumption of final settlement, but do not absolutely preclude proof of omitted disbursements. The pursuer is entitled to proof, but bears a heavy onus to show the accounts were incomplete and that sums are still due.

Citation
[1913] ScotLR 919
Parties
Pursuer: William Struthers; Defender: James Smith
Jurisdiction
Scotland
Judgment Date
16 July 1913
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House, First Division
Outcome
Sheriff's interlocutor recalled; proof allowed; pursuer to bear expenses since Sheriff-Substitute's interlocutor.
Legal Topics
Discharge of Accounts, Implied Discharge, Settled Accounts, Agent and Principal, Onus of Proof
Contract Law Agency Law Discharge of Accounts Implied Discharge Settled Accounts Agent and Principal Onus of Proof

Case Brief

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Parties

William Struthers

Pursuer

James Smith

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the pursuer can recover sums omitted from prior settled accounts between agent and principal after discharges were granted.
  2. 2 Whether fitted accounts and periodic discharges preclude subsequent claims for omitted disbursements.

Ratio Decidendi

The Court held that fitted accounts and periodic discharges create a strong presumption of final settlement, but do not absolutely preclude proof of omitted disbursements. The pursuer is entitled to proof, but bears a heavy onus to show the accounts were incomplete and that sums are still due.

Court Disposition

Sheriff's interlocutor recalled; proof allowed; pursuer to bear expenses since Sheriff-Substitute's interlocutor.

Orders

  • Sheriff's interlocutor recalled
  • Proof allowed on pursuer's averments