Stewart v. Shannessy [1900] ScotLR 37_971 (20 July 1900)

Stewart v. Shannessy [1900] ScotLR 37_971 (20 July 1900)

The letter of engagement was signed by the defender in his own name without qualification, and nothing in the document or surrounding circumstances indicated he was not acting as principal; therefore, he is personally liable to account for commissions due under the contract.

Citation
[1900] ScotLR 37_971
Parties
Pursuer: James Duncan Stewart; Defender: John Joseph Shannessy
Jurisdiction
Scotland
Judgment Date
20 July 1900
Procedural Posture
Civil / Final Appellate Judgment
Outcome
judgment for pursuer
Legal Topics
Liability of Agent to Third Party, Master and Servant, Written Contract Interpretation, Privity of Contract
Contract Law Agency Law Employment Law Liability of Agent to Third Party Master and Servant Written Contract Interpretation Privity of Contract

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Parties

James Duncan Stewart

Pursuer

John Joseph Shannessy

Defender

Procedural Posture

Civil / Final Appellate Judgment

Legal Issues

  1. 1 Is the agent personally liable under a contract signed in his own name without qualification?
  2. 2 Does the contract establish privity between the pursuer and the companies or only with the agent?

Ratio Decidendi

The letter of engagement was signed by the defender in his own name without qualification, and nothing in the document or surrounding circumstances indicated he was not acting as principal; therefore, he is personally liable to account for commissions due under the contract.

Court Disposition

judgment for pursuer

Orders

  • Defender liable to account to pursuer for commission due under letter of engagement.
  • Defender to lodge account within fourteen days.