Eisen v. M. M'Cabe, Ltd [1920] ScotLR 126 (29 November 1920)
A contract of sale of timber, even if conditional on the buyer obtaining a permit, is struck at and rendered illegal by the Timber Control Order 1918 if the buyer does not hold a permit at the time of contract. No action for damages can be maintained on such a contract.
- Citation
- [1920] ScotLR 126
- Parties
- Pursuer: Lewis Eisen; Defender: M. M'Cabe, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 29 November 1920
- Procedural Posture
- Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
- Outcome
- action dismissed
- Legal Topics
- Illegality of Contract, Public Policy, War Time Emergency Legislation, Conditional Contracts, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Lewis Eisen
Pursuer
M. M'Cabe, Limited
Defender
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Legal Issues
- 1 Whether a contract of sale of timber, conditional on the buyer obtaining a permit, is illegal under the Timber Control Order 1918 if the buyer did not hold a permit at the time of contract.
- 2 Whether damages are recoverable for breach of such a contract.
Ratio Decidendi
A contract of sale of timber, even if conditional on the buyer obtaining a permit, is struck at and rendered illegal by the Timber Control Order 1918 if the buyer does not hold a permit at the time of contract. No action for damages can be maintained on such a contract.
Court Disposition
action dismissed
Orders
- Interlocutor of the Lord Ordinary recalled
- Action dismissed
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