Mackison's Trustees v. Magistrates Of Dundee [1909] ScotLR 577 (18 March 1909)

Mackison's Trustees v. Magistrates Of Dundee [1909] ScotLR 577 (18 March 1909)

The pursuers failed to prove any express or implied agreement for extra remuneration for alleged extra work. All work was done in the capacity of burgh surveyor, and instructions did not differ for ordinary or extraordinary work. Acceptance of honoraria and delay in making a claim negated any legal entitlement. No legal obligation for extra payment was established.

Citation
[1909] ScotLR 577
Parties
Pursuer: Mackison's Trustees; Defender: Magistrates Of Dundee
Jurisdiction
Scotland
Judgment Date
18 March 1909
Procedural Posture
Civil / Appeal
Outcome
claim dismissed
Legal Topics
Master and Servant, Scope of Employment, Recompense, Extra Remuneration, Implied Contract, Onus of Proof, Mora
Employment Law Contract Law Municipal Law Master and Servant Scope of Employment Recompense Extra Remuneration Implied Contract +2 more

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Parties

Mackison's Trustees

Pursuer

Magistrates Of Dundee

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the pursuer was entitled to extra remuneration for work alleged to be outside the scope of his employment as burgh surveyor.
  2. 2 Whether there was an express or implied agreement for such extra remuneration.
  3. 3 Whether delay (mora) and acceptance of honoraria affected the legal claim.

Ratio Decidendi

The pursuers failed to prove any express or implied agreement for extra remuneration for alleged extra work. All work was done in the capacity of burgh surveyor, and instructions did not differ for ordinary or extraordinary work. Acceptance of honoraria and delay in making a claim negated any legal entitlement. No legal obligation for extra payment was established.

Court Disposition

claim dismissed

Orders

  • absolvitor granted in favour of defenders
  • expenses awarded to defenders