Collie & Anor v Donald [1999] ScotCS 153 (18 June 1999)

Collie & Anor v Donald [1999] ScotCS 153 (18 June 1999)

The defender is liable for one-third of the Lefevre and Budge debt under Clause F of the Heads of Agreement, as the firm remained the same legal entity throughout, the obligation was not discharged or waived, and Clause Eighth of the 1994 Agreement does not indemnify the defender against the debt.

Citation
[1999] ScotCS 153
Parties
Pursuer: James and George Collie; Defender: Robert Donald
Jurisdiction
Scotland
Judgment Date
18 June 1999
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
judgment for pursuers
Legal Topics
Partnership Debts, Indemnity, Firm Continuity, Interpretation of Partnership Agreements
Contract Law Partnership Law Partnership Debts Indemnity Firm Continuity Interpretation of Partnership Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

James and George Collie

Pursuer

Robert Donald

Defender

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defender is liable for one-third of the Lefevre and Budge debt under Clause F of the Heads of Agreement
  2. 2 Whether the pursuers are the proper party to enforce the obligation
  3. 3 Whether the obligation was discharged, waived, or barred

Ratio Decidendi

The defender is liable for one-third of the Lefevre and Budge debt under Clause F of the Heads of Agreement, as the firm remained the same legal entity throughout, the obligation was not discharged or waived, and Clause Eighth of the 1994 Agreement does not indemnify the defender against the debt.

Court Disposition

judgment for pursuers

Orders

  • Decree granted for pursuers as concluded for
  • Defender's pleas repelled