FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS [2011] ScotSC 145 (02 September 2011)

FRANCES DOUGLAS THOMPSON v. DAVID AND STEPHANIE-ANNE HARRIS [2011] ScotSC 145 (02 September 2011)

The sheriff was entitled to prefer the respondents' evidence that the £21,000 related to moveable items, accept the evidence of payment of £3,275, and set off the cost of missing items against any sum due. No legal error or unfairness was established. The appeal was refused and the sheriff's interlocutor adhered to.

Citation
[2011] ScotSC 145
Parties
Pursuer and Appellant: Frances Douglas Thompson; Defenders and Respondents: David and Stephanie-Anne Harris
Jurisdiction
Scotland
Judgment Date
02 September 2011
Procedural Posture
Civil Appeal / Appeal From Sheriff's Interlocutor After Proof
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Oral Contracts, Sale of Heritable Property, Fixtures and Fittings, Stamp Duty Avoidance, Burden of Proof, Fair Hearing, Expenses
Contract Law Property Law Civil Procedure Oral Contracts Sale of Heritable Property Fixtures and Fittings Stamp Duty Avoidance Burden of Proof +2 more

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Parties

Frances Douglas Thompson

Pursuer and Appellant

David and Stephanie-Anne Harris

Defenders and Respondents

Procedural Posture

Civil Appeal / Appeal From Sheriff's Interlocutor After Proof

Legal Issues

  1. 1 Whether the oral contract related to the sale price of heritable property or to moveable items (fixtures and fittings)
  2. 2 Whether the sheriff erred in accepting evidence of payment of £3,275 by the defenders to the pursuer
  3. 3 Whether the sheriff was correct in setting off the cost of missing items against any sum due to the pursuer

Ratio Decidendi

The sheriff was entitled to prefer the respondents' evidence that the £21,000 related to moveable items, accept the evidence of payment of £3,275, and set off the cost of missing items against any sum due. No legal error or unfairness was established. The appeal was refused and the sheriff's interlocutor adhered to.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Pursuer and appellant found liable to defenders and respondents in expenses of the appeal.
  • Account of expenses to be given and remitted to the Auditor of Court to tax and report.