Knox & Robb (A Firm) v Scottish Garden Suburb Co Ltd [1913] ScotCS CSIH_2 (20 March 1913)

Knox & Robb (A Firm) v Scottish Garden Suburb Co Ltd [1913] ScotCS CSIH_2 (20 March 1913)

The defenders were liable to pay for the work from which they benefited, as they made use of the measurements, but there was no general custom of trade imposing liability for all items absent a contractual relationship or approved plans.

Citation
[1913] ScotCS CSIH_2
Parties
Pursuer: Knox & Robb (A Firm); Defender: Scottish Garden Suburb Co Ltd
Jurisdiction
Scotland
Judgment Date
20 March 1913
Procedural Posture
Civil / Appeal
Outcome
partially allowed
Legal Topics
Implied Authority, Custom of Trade, Liability for Services Rendered
Contract Law Implied Authority Custom of Trade Liability for Services Rendered

Case Brief

Summary, issues, holding and outcome

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Parties

Knox & Robb (A Firm)

Pursuer

Scottish Garden Suburb Co Ltd

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the defenders were contractually liable to pay for the work done by the pursuers on the instructions of the company's architect
  2. 2 Whether a custom of trade imposed liability on the defenders for the services of the measurer engaged by the architect

Ratio Decidendi

The defenders were liable to pay for the work from which they benefited, as they made use of the measurements, but there was no general custom of trade imposing liability for all items absent a contractual relationship or approved plans.

Court Disposition

partially allowed

Orders

  • Defenders to pay for the first five items of the account for which they made use of the work.