Barry Ostlere & Shepherd Ltd v Edinburgh Cork Importing Co [1909] ScotCS CSIH_2 (05 June 1909)

Barry Ostlere & Shepherd Ltd v Edinburgh Cork Importing Co [1909] ScotCS CSIH_2 (05 June 1909)

The pursuers were entitled to assume the defenders' agent had authority to conclude the contract; the document constituted an order pursuant to a concluded contract, not merely an offer. The defenders' conduct and correspondence confirmed the existence of a binding contract. The Lord Ordinary's judgment is recalled and damages awarded to the pursuers.

Citation
[1909] ScotCS CSIH_2
Parties
Pursuer: Barry, Ostlere, & Shepherd, Limited; Defender: Edinburgh Cork Importing Co.
Jurisdiction
Scotland
Judgment Date
05 June 1909
Procedural Posture
Contract Dispute / Appeal
Outcome
judgment for pursuers
Legal Topics
Formation of Contract, Agent's Authority, Breach of Contract, Damages
Contract Law Commercial Law Formation of Contract Agent's Authority Breach of Contract Damages

Case Brief

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Parties

Barry, Ostlere, & Shepherd, Limited

Pursuer

Edinburgh Cork Importing Co.

Defender

Procedural Posture

Contract Dispute / Appeal

Legal Issues

  1. 1 Whether a binding contract was concluded at the interview of 29th January 1907
  2. 2 Whether the agent Lawrie had authority to bind the defenders
  3. 3 Whether the document No. 56 of process constituted an order or merely an offer

Ratio Decidendi

The pursuers were entitled to assume the defenders' agent had authority to conclude the contract; the document constituted an order pursuant to a concluded contract, not merely an offer. The defenders' conduct and correspondence confirmed the existence of a binding contract. The Lord Ordinary's judgment is recalled and damages awarded to the pursuers.

Court Disposition

judgment for pursuers

Orders

  • Lord Ordinary's judgment recalled
  • Pursuers entitled to damages