Gamage Ltd v. Charlesworth [1909] ScotLR 191 (21 December 1909)

Gamage Ltd v. Charlesworth [1909] ScotLR 191 (21 December 1909)

The pursuers failed to prove that the sale was induced by the false and fraudulent representations of Miss Charlesworth, as the managing director was not called to testify as to what induced him to accept the contract; therefore, rescission is not available.

Citation
[1909] ScotLR 191
Parties
Pursuer: Gamage Limited; Defender: Miss Violet May Gordon Charlesworth; Defender: Munro (Trustee); Defender: George John Gradon (Trustee, English bankruptcy)
Jurisdiction
Scotland
Judgment Date
21 December 1909
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed
Legal Topics
Fraudulent Misrepresentation, Rescission of Contract, Creditor Preference, Bankruptcy Trustee Rights, Delay (mora)
Commercial Law Bankruptcy Law Contract Law Fraudulent Misrepresentation Rescission of Contract Creditor Preference Bankruptcy Trustee Rights Delay (mora)

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Parties

Gamage Limited

Pursuer

Miss Violet May Gordon Charlesworth

Defender

Munro (Trustee)

Defender

George John Gradon (Trustee, English bankruptcy)

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the sale was induced by fraudulent misrepresentation
  2. 2 Whether rescission of contract is available against the trustee in bankruptcy
  3. 3 Whether pursuers were barred by delay (mora)

Ratio Decidendi

The pursuers failed to prove that the sale was induced by the false and fraudulent representations of Miss Charlesworth, as the managing director was not called to testify as to what induced him to accept the contract; therefore, rescission is not available.

Court Disposition

appeal dismissed

Orders

  • Sheriff's interlocutor affirmed
  • Trustee assoilzied from conclusions of action