Carmichael, Maclean, & Co.'s Trustee v. Macbeth & Gray [1901] ScotLR 39_188 (06 December 1901)

Carmichael, Maclean, & Co.'s Trustee v. Macbeth & Gray [1901] ScotLR 39_188 (06 December 1901)

On the terms of the contract, property in the steel plates passed to the purchasers (Macbeth & Gray) as soon as the plates were appropriated and intended for the ship, even if not yet incorporated, as they were ascertained goods within the meaning of the Sale of Goods Act 1893, and the parties intended property to pass at that stage. The contract expressly provided for this, and the plates were sufficiently identified and appropriated to the contract.

Citation
[1901] ScotLR 39_188
Parties
Pursuer/respondent: Carmichael, Maclean, & Company's Trustee; Defenders/reclaimers: Macbeth & Gray
Jurisdiction
Scotland
Judgment Date
06 December 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved)
Legal Topics
Passing of Property in Goods, Sale of Goods, Bankruptcy of Shipbuilder, Appropriation of Goods to Contract, Security Over Materials
Commercial Law Bankruptcy Law Contract Law Passing of Property in Goods Sale of Goods Bankruptcy of Shipbuilder Appropriation of Goods to Contract Security Over Materials

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Parties

Carmichael, Maclean, & Company's Trustee

Pursuer/respondent

Macbeth & Gray

Defenders/reclaimers

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether property in steel plates intended for a ship under construction passed to the purchasers (Macbeth & Gray) prior to incorporation in the ship, under the contract and the Sale of Goods Act 1893, upon the bankruptcy of the shipbuilder.

Ratio Decidendi

On the terms of the contract, property in the steel plates passed to the purchasers (Macbeth & Gray) as soon as the plates were appropriated and intended for the ship, even if not yet incorporated, as they were ascertained goods within the meaning of the Sale of Goods Act 1893, and the parties intended property to pass at that stage. The contract expressly provided for this, and the plates were sufficiently identified and appropriated to the contract.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved)

Orders

  • Interlocutor of Lord Ordinary recalled
  • Defenders (Macbeth & Gray) assoilzied (absolved) from the claim