Mechan & Sons, Ltd v. Bow, M'Lachlan, & Co., Ltd [1910] ScotLR 650 (02 June 1910)

Mechan & Sons, Ltd v. Bow, M'Lachlan, & Co., Ltd [1910] ScotLR 650 (02 June 1910)

Defenders were barred from rejecting the tanks as they built them into the vessel without ascertaining compliance with contract conditions, constituting acceptance under section 35 of the Sale of Goods Act 1893.

Citation
[1910] ScotLR 650
Parties
Pursuer: Mechan & Sons, Limited; Defender: Bow, M'Lachlan, & Company, Limited
Jurisdiction
Scotland
Judgment Date
02 June 1910
Procedural Posture
Civil / Appeal From Sheriff Court Decision
Outcome
appeal dismissed; interlocutor recalled; decerned against defenders as craved
Legal Topics
Disconformity to Contract, Right of Rejection, Acceptance of Goods, Construction of Contract, Sale of Goods Act 1893
Contract Law Sale of Goods Disconformity to Contract Right of Rejection Acceptance of Goods Construction of Contract Sale of Goods Act 1893

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mechan & Sons, Limited

Pursuer

Bow, M'Lachlan, & Company, Limited

Defender

Procedural Posture

Civil / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Were the tanks supplied disconform to contract?
  2. 2 Did the defenders have the right to reject the tanks after building them into the vessel?
  3. 3 Was the contract modified by parole evidence?

Ratio Decidendi

Defenders were barred from rejecting the tanks as they built them into the vessel without ascertaining compliance with contract conditions, constituting acceptance under section 35 of the Sale of Goods Act 1893.

Court Disposition

appeal dismissed; interlocutor recalled; decerned against defenders as craved

Orders

  • Defenders held to have accepted the tanks; liable for contract price; counter-claim dismissed