Morrisson v. Robertson [1907] ScotLR 264 (19 December 1907)

Morrisson v. Robertson [1907] ScotLR 264 (19 December 1907)

There was no contract of sale between Morrisson and Telford because Morrisson was in essential error as to the identity of the purchaser, induced by Telford's fraudulent misrepresentation. As no contract existed, Telford acquired no title and could not transfer title to Robertson, even though Robertson was a bona fide purchaser for value. Morrisson was not negligent. The cows remained Morrisson's property, and he was entitled to recover them or their value from Robertson.

Citation
[1907] ScotLR 264
Parties
Pursuer/appellant: Robert Morrisson; Defender/respondent: Peter Robertson
Jurisdiction
Scotland
Judgment Date
19 December 1907
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Appeal allowed; decree for pursuer
Legal Topics
Essential Error, Fraud, Transfer of Title, Sale of Goods, Recovery From Innocent Purchaser
Contract Law Property Law Essential Error Fraud Transfer of Title Sale of Goods Recovery From Innocent Purchaser

Case Brief

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Parties

Robert Morrisson

Pursuer/appellant

Peter Robertson

Defender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a contract of sale existed between Morrisson and Telford given the essential error as to identity induced by fraud
  2. 2 Whether Telford could transfer good title to an innocent third party (Robertson)
  3. 3 Whether Morrisson was negligent and thus barred from recovery

Ratio Decidendi

There was no contract of sale between Morrisson and Telford because Morrisson was in essential error as to the identity of the purchaser, induced by Telford's fraudulent misrepresentation. As no contract existed, Telford acquired no title and could not transfer title to Robertson, even though Robertson was a bona fide purchaser for value. Morrisson was not negligent. The cows remained Morrisson's property, and he was entitled to recover them or their value from Robertson.

Court Disposition

Appeal allowed; decree for pursuer

Orders

  • Robertson ordered to restore the cows to Morrisson or account for their value as at the date of acquisition
  • Case remitted to Sheriff-Substitute to dispose in conformity with this finding