La Van v. Gavin Aird & Co., Ltd [1919] ScotLR 212 (22 January 1919)

La Van v. Gavin Aird & Co., Ltd [1919] ScotLR 212 (22 January 1919)

Payments by instalment, in themselves, are not inconsistent with the terms of a decree for immediate payment and do not amount to rei interventus; therefore, parole evidence of a verbal agreement to modify the decree is inadmissible unless proved by writ or oath.

Citation
[1919] ScotLR 212
Parties
Pursuer/respondent: William Lavan; Defenders/appellants: Gavin Aird & Company, Limited
Jurisdiction
Scotland
Judgment Date
22 January 1919
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute to Court of Session Inner House
Outcome
appeal allowed; interlocutor of Sheriff-Substitute recalled; defenders assoilzied (absolved)
Legal Topics
Modification of Written Obligations, Parole Evidence Rule, Rei Interventus, Proof of Verbal Agreements, Decree Enforcement
Civil Procedure Contract Law Evidence Modification of Written Obligations Parole Evidence Rule Rei Interventus Proof of Verbal Agreements Decree Enforcement

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Parties

William Lavan

Pursuer/respondent

Gavin Aird & Company, Limited

Defenders/appellants

Procedural Posture

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

Legal Issues

  1. 1 Whether parole evidence is admissible to prove a verbal agreement modifying a written decree
  2. 2 Whether payment of instalments constitutes rei interventus sufficient to allow parole evidence of a verbal agreement

Ratio Decidendi

Payments by instalment, in themselves, are not inconsistent with the terms of a decree for immediate payment and do not amount to rei interventus; therefore, parole evidence of a verbal agreement to modify the decree is inadmissible unless proved by writ or oath.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled; defenders assoilzied (absolved)

Orders

  • Interlocutor of Sheriff-Substitute recalled
  • Defenders assoilzied (absolved)