Van Laun & Co v Neilson Reid & Co [1904] ScotCS CSIH_4 (17 May 1904)

Van Laun & Co v Neilson Reid & Co [1904] ScotCS CSIH_4 (17 May 1904)

No binding contract existed as the parties expressly stipulated that a formal written contract was a condition precedent to liability; no facts amounting to rei interventus were averred; therefore, no claim for commission, damages, or quantum meruit could be sustained.

Citation
[1904] ScotCS CSIH_4
Parties
Pursuer: Van Laun & Co.; Defender: Neilson Reid & Co.
Jurisdiction
Scotland
Judgment Date
17 May 1904
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed
Legal Topics
Formation of Contract, Conditional Agreements, Commission Claims, Quantum Meruit, Rei Interventus
Contract Law Formation of Contract Conditional Agreements Commission Claims Quantum Meruit Rei Interventus

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Parties

Van Laun & Co.

Pursuer

Neilson Reid & Co.

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether a binding contract existed between the parties for payment of commission
  2. 2 Whether the pursuers are entitled to commission or damages in absence of a formal contract
  3. 3 Whether a claim for quantum meruit is sustainable

Ratio Decidendi

No binding contract existed as the parties expressly stipulated that a formal written contract was a condition precedent to liability; no facts amounting to rei interventus were averred; therefore, no claim for commission, damages, or quantum meruit could be sustained.

Court Disposition

appeal dismissed

Orders

  • Interlocutor of the Lord Ordinary adhered to.