Alexander Knox & Robb v. Scottish Garden Suburb Co., Ltd [1913] ScotLR 561 (20 March 1913)

Alexander Knox & Robb v. Scottish Garden Suburb Co., Ltd [1913] ScotLR 561 (20 March 1913)

The Court held that there is no general rule or custom of trade giving an official architect implied authority to employ a measurer before plans are settled and instructions to proceed are given. However, the defenders became liable to pay for the work because they made use of the information resulting from the pursuers' work.

Citation
[1913] ScotLR 561
Parties
Pursuers: Alexander Knox & Robb; Defenders: Scottish Garden Suburb Company, Limited
Jurisdiction
Scotland
Judgment Date
20 March 1913
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session, First Division
Outcome
partially allowed; defenders liable for first five items only
Legal Topics
Principal and Agent, Implied Authority, Custom of Trade, Architect's Authority, Quantum Meruit
Contract Law Agency Law Principal and Agent Implied Authority Custom of Trade Architect's Authority Quantum Meruit

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Parties

Alexander Knox & Robb

Pursuers

Scottish Garden Suburb Company, Limited

Defenders

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session, First Division

Legal Issues

  1. 1 Whether an official architect has implied authority by custom of trade to employ a measurer binding the principal company.
  2. 2 Whether the defenders are liable for fees for work done by the pursuers on the instructions of the architect, absent direct employment.

Ratio Decidendi

The Court held that there is no general rule or custom of trade giving an official architect implied authority to employ a measurer before plans are settled and instructions to proceed are given. However, the defenders became liable to pay for the work because they made use of the information resulting from the pursuers' work.

Court Disposition

partially allowed; defenders liable for first five items only

Orders

  • Defenders to pay pursuers the sums charged under the first five heads of account.