Taylor v. Wylie & Lochhead, Ltd [1912] ScotLR 743 (21 May 1912)
The expression 'whole sums previously paid' in article 7 of the hire-purchase agreement refers only to sums paid towards capital, excluding interest, as a literal interpretation would produce absurd results and is inconsistent with the business purpose and context of hire-purchase agreements.
- Citation
- [1912] ScotLR 743
- Parties
- Pursuer: William Smart Taylor; Defenders: Wylie & Lochhead, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 21 May 1912
- Procedural Posture
- Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
- Outcome
- appeal allowed; Lord Ordinary's decree recalled; defenders assoilzied (absolved)
- Legal Topics
- Hire Purchase Agreements, Contract Construction, Deduction of Payments, Interest Calculation
Case Brief
Summary, issues, holding and outcome
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Parties
William Smart Taylor
Pursuer
Wylie & Lochhead, Limited
Defenders
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Legal Issues
- 1 Interpretation of 'whole sums previously paid' in hire-purchase agreement
- 2 Whether deduction includes interest or only capital payments
Ratio Decidendi
The expression 'whole sums previously paid' in article 7 of the hire-purchase agreement refers only to sums paid towards capital, excluding interest, as a literal interpretation would produce absurd results and is inconsistent with the business purpose and context of hire-purchase agreements.
Court Disposition
appeal allowed; Lord Ordinary's decree recalled; defenders assoilzied (absolved)
Orders
- Lord Ordinary's interlocutor recalled
- Defenders assoilzied from conclusions of the summons
Full Case Text
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