IAN CUMMING v. MAYEN HOLDINGS LIMITED [1999] ScotSC 26 (11th November, 1999)

IAN CUMMING v. MAYEN HOLDINGS LIMITED [1999] ScotSC 26 (11th November, 1999)

A reasonable person would infer from the words and conduct of the pursuer and Mr McNeill that a direct contract was concluded for lime washing all five buildings, including the Coach House, at the agreed price. The pursuer is entitled to payment from the defenders for the lime washing of the Coach House.

Citation
[1999] ScotSC 26
Parties
Pursuer: Ian Cumming; Defender: Mayen Holdings Limited
Jurisdiction
Scotland
Procedural Posture
Civil / Judgment
Outcome
judgment for pursuer
Legal Topics
Formation of Contract, Construction Contracts, Payment for Services, Consensus in Idem, Contra Proferentem Rule
Contract Law Formation of Contract Construction Contracts Payment for Services Consensus in Idem Contra Proferentem Rule

Case Brief

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Parties

Ian Cumming

Pursuer

Mayen Holdings Limited

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a direct contract existed between the pursuer and defenders for lime washing the Coach House
  2. 2 Whether the pursuer is entitled to payment from the defenders for lime washing the Coach House

Ratio Decidendi

A reasonable person would infer from the words and conduct of the pursuer and Mr McNeill that a direct contract was concluded for lime washing all five buildings, including the Coach House, at the agreed price. The pursuer is entitled to payment from the defenders for the lime washing of the Coach House.

Court Disposition

judgment for pursuer

Orders

  • Decree for payment by defenders to pursuer of £3,926.32 with interest at 8% per annum from 27 April 1998 until payment
  • Defenders liable for expenses of the cause