Wester Moffat Colliery Co., Ltd v. A. Jeffrey & Co. [1911] ScotLR 343 (20 December 1911)

Wester Moffat Colliery Co., Ltd v. A. Jeffrey & Co. [1911] ScotLR 343 (20 December 1911)

The defenders received clear notice from invoices and accounts that the pursuers were the sellers. There was no evidence Forbes had authority to represent himself as principal or that he acquired property in the goods. The defenders could not set off a debt owed by Forbes against the pursuers' claim. The pursuers are entitled to the price of the coal supplied.

Citation
[1911] ScotLR 343
Parties
Pursuer: Wester Moffat Colliery Company, Limited; Defender: A. Jeffrey & Company
Jurisdiction
Scotland
Judgment Date
20 December 1911
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal allowed; judgment for pursuers
Legal Topics
Principal and Agent Liability, Undisclosed Principal, Set Off, Sale of Goods
Commercial Law Agency Law Principal and Agent Liability Undisclosed Principal Set Off Sale of Goods

Case Brief

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Parties

Wester Moffat Colliery Company, Limited

Pursuer

A. Jeffrey & Company

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the defenders are liable to the pursuers for the price of coal delivered when the order was placed through an agent.
  2. 2 Whether the defenders can set off a debt owed by the agent against the principal's claim for payment.

Ratio Decidendi

The defenders received clear notice from invoices and accounts that the pursuers were the sellers. There was no evidence Forbes had authority to represent himself as principal or that he acquired property in the goods. The defenders could not set off a debt owed by Forbes against the pursuers' claim. The pursuers are entitled to the price of the coal supplied.

Court Disposition

appeal allowed; judgment for pursuers

Orders

  • Recall of Sheriff and Sheriff-Substitute's interlocutors
  • Decree for payment to pursuers of £53, 7s. 11d. with interest at 5% per annum from date of citation