Lamont v. Burnett [1901] ScotLR 38_596 (21 May 1901)

Lamont v. Burnett [1901] ScotLR 38_596 (21 May 1901)

The promise to pay £100 to Mrs Lamont was part of the contract of sale, accepted by the seller's agent, and acted upon by the defender entering into possession of the hotel. This created a jus quaesitum tertio in Mrs Lamont, entitling her to enforce payment of the £100.

Source-derived case information.

Citation
[1901] ScotLR 38_596
Parties
Pursuer: Mrs Lamont; Defender: John Burnett
Jurisdiction
Scotland
Judgment Date
21 May 1901
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; judgment for pursuer affirmed
Legal Topics
Jus Quaesitum Tertio, Third Party Rights, Contractual Interpretation, Promise, Enforceability of Stipulations
Contract Law Jus Quaesitum Tertio Third Party Rights Contractual Interpretation Promise Enforceability of Stipulations

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Lamont

Pursuer

John Burnett

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a stipulation in a contract in favour of a third party (Mrs Lamont) is enforceable by her under jus quaesitum tertio.
  2. 2 Whether the promise to pay £100 to Mrs Lamont formed part of the contract of sale or was a mere unenforceable promise.

Ratio Decidendi

The promise to pay £100 to Mrs Lamont was part of the contract of sale, accepted by the seller's agent, and acted upon by the defender entering into possession of the hotel. This created a jus quaesitum tertio in Mrs Lamont, entitling her to enforce payment of the £100.

Court Disposition

appeal dismissed; judgment for pursuer affirmed

Orders

  • Defender to pay £100 to pursuer with interest from date of citation until payment
  • Defender to pay pursuer's expenses