Trevalion & Co. v. Blanche & Co. [1919] ScotLR 567 (09 July 1919)

Trevalion & Co. v. Blanche & Co. [1919] ScotLR 567 (09 July 1919)

The contract for the sale of the wine clearance permit was illegal and void ab initio because the permit was personal, non-transferable, and its sale was contrary to the statutory scheme and public policy under the Defence of the Realm Regulations and the Intoxicating Liquor Orders. The court found no implied condition that the permit would be necessary at the time of performance, but this was irrelevant given the contract's illegality.

Citation
[1919] ScotLR 567
Parties
Pursuer: F. W. Trevalion & Company; Defender: J. J. Blanche & Company
Jurisdiction
Scotland
Judgment Date
09 July 1919
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed; decree of Sheriff-Substitute recalled; defenders assoilzied (absolved)
Legal Topics
Illegality of Contract, Implied Conditions, Frustration of Contract, Emergency Legislation, Sale of Permits, Public Policy
Contract Law Public Law Illegality of Contract Implied Conditions Frustration of Contract Emergency Legislation Sale of Permits Public Policy

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Parties

F. W. Trevalion & Company

Pursuer

J. J. Blanche & Company

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the contract for sale of a wine clearance permit was illegal and void under emergency legislation
  2. 2 Whether there was an implied condition that the permit would be necessary at the time of performance

Ratio Decidendi

The contract for the sale of the wine clearance permit was illegal and void ab initio because the permit was personal, non-transferable, and its sale was contrary to the statutory scheme and public policy under the Defence of the Realm Regulations and the Intoxicating Liquor Orders. The court found no implied condition that the permit would be necessary at the time of performance, but this was irrelevant given the contract's illegality.

Court Disposition

appeal allowed; decree of Sheriff-Substitute recalled; defenders assoilzied (absolved)

Orders

  • Interlocutor of Sheriff-Substitute recalled
  • Defenders assoilzied (absolved)