Munro v Liquidator of Balnagown Estates Co Ltd [1948] ScotCS CSIH_5 (16 November 1948)

Munro v Liquidator of Balnagown Estates Co Ltd [1948] ScotCS CSIH_5 (16 November 1948)

Property in timber passes to the buyer upon severance from the ground under a contract for sale of growing timber, and failure to remove the timber by the contractual date does not deprive the buyer of property rights in the timber; the buyer is entitled to delivery or, failing that, damages.

Citation
[1948] ScotCS CSIH_5
Parties
Pursuer: Munro; Defender: Liquidator of Balnagown Estates Co Ltd
Jurisdiction
Scotland
Judgment Date
16 November 1948
Procedural Posture
Civil / Appeal From Outer House to Inner House, Interlocutory Stage
Outcome
Declaratory judgment in favour of pursuer; case continued for parties to attempt agreement on delivery or, failing that, for further determination on damages.
Legal Topics
Passing of Property in Goods, Sale of Timber, Remedies for Breach of Contract, Licence to Enter Land, Delivery of Goods
Property Law Contract Law Commercial Law Passing of Property in Goods Sale of Timber Remedies for Breach of Contract Licence to Enter Land Delivery of Goods

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Parties

Munro

Pursuer

Liquidator of Balnagown Estates Co Ltd

Defender

Procedural Posture

Civil / Appeal From Outer House to Inner House, Interlocutory Stage

Legal Issues

  1. 1 Whether property in severed timber passes to the buyer upon severance from the ground under a contract for sale of growing timber
  2. 2 Whether failure to remove timber by the contractual date deprives the buyer of property rights in the timber
  3. 3 Whether the buyer is entitled to delivery or damages for timber severed but not removed by the due date

Ratio Decidendi

Property in timber passes to the buyer upon severance from the ground under a contract for sale of growing timber, and failure to remove the timber by the contractual date does not deprive the buyer of property rights in the timber; the buyer is entitled to delivery or, failing that, damages.

Court Disposition

Declaratory judgment in favour of pursuer; case continued for parties to attempt agreement on delivery or, failing that, for further determination on damages.

Orders

  • Declaration that property in felled timber passed to pursuer upon severance.
  • Pursuer entitled to regain possession of timber by delivery or removal, subject to agreement on terms.