Leitch v. Edinburgh Ice and Cold Storage Co., Ltd [1900] ScotLR 37_703 (24 May 1900)

Leitch v. Edinburgh Ice and Cold Storage Co., Ltd [1900] ScotLR 37_703 (24 May 1900)

The contract was for delivery of a specific subject. As the material perished without fault on the part of the defender before delivery, the defender is excused from performance and not liable in damages.

Citation
[1900] ScotLR 37_703
Parties
Pursuer: William Leitch; Defender: Edinburgh Ice and Cold Storage Company, Limited
Jurisdiction
Scotland
Judgment Date
24 May 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
appeal dismissed; action dismissed as irrelevant
Legal Topics
Frustration of Contract, Impossibility of Performance, Specific Goods, Damages for Breach of Contract
Contract Law Frustration of Contract Impossibility of Performance Specific Goods Damages for Breach of Contract

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Parties

William Leitch

Pursuer

Edinburgh Ice and Cold Storage Company, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether the defender is liable in damages for failure to deliver specific building material destroyed by fire without fault before delivery
  2. 2 Whether the contract is frustrated by destruction of the subject-matter without fault

Ratio Decidendi

The contract was for delivery of a specific subject. As the material perished without fault on the part of the defender before delivery, the defender is excused from performance and not liable in damages.

Court Disposition

appeal dismissed; action dismissed as irrelevant

Orders

  • Defender entitled to expenses
  • Court adhered to Lord Ordinary's judgment